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ESTATES OF INTESTATE WOMEN.

18. The real and personal estate of a woman dying intestate shall be distributed in the same proportions and in the same manner as the real and personal estate of a man so dying, the word "husband" for the purpose of this section being substituted for the word "widow," the word "her" for the word "his," the word "she" for the word "he" and the word "her" for the word "him" where such words respectively occur in sections 12, 13, 14, 15, 16, 17 and 22.

Man. s. 15; Sask. s. 35; see Ont. s. 29 (1).

DISTRIBUTION AMONG NEXT OF KIN.

19. In every case where the estate goes to the next of kin it shall be distributed equally among the next of kin of equal degree of consanguinity to the intestate and those who legally represent them; but in no case shall representation be admitted among collaterals after brothers' and sisters' children.

Imp. 22 and 23 Car. 2, c. 10, ss. 3 and 4; see B.C. s. 95 (4); Ont. s. 30; Man. s. 12; Sask. s. 16 (4) and s. 22; and N.B. s. 2; and N.S. s. 4 (4) (as to real property).

DESERTION AND ADULTERY.

20. (1) If a wife has left her husband and has lived in adultery after leaving him she shall take no part of his real or personal estate.

Alta. s. 3 (d); Sask. s. 36; see Imp. Act 13 Ed. 1, c. 34; and R.S.O. c. 70, s. 9, as to dower.

(2) If a husband has left his wife and has lived in adultery after leaving her he shall take no part of her real or personal

estate.

Alta. s. 3 (e); Sask. s. 37.

NO DISTINCTION OF HALF BLOOD.

21. For the purposes of this Act degrees of kindred shall be computed according to the rules of the civil law; and the kindred of the half blood shall inherit equally with those of the whole blood in the same degree.

Alta. s. (2) and (3); Man. s. 8; N.S. s. 1; Sask. s. 38.

POSTHUMOUS CHILDREN.

22. Descendants and relatives of the intestate begotten before his death but born thereafter shall in all cases inherit in the same manner as if they had been born in the lifetime of the intestate and had survived him.

Alta. s. 2 (d); Man. s. 8; N.S. s. 15 (1); Sask. s. 39 (1); and R.S.B.C. c. 108, s. 21 (as to real estate).

ADVANCES TO CHILDREN.

23. (1) If any child of an intestate has been advanced by the intestate by settlement or by portion of real or personal estate or both of them and the same has been so expressed by the intestate in writing or so acknowledged in writing by the child, the value thereof shall be reckoned for the purposes of this section only as part of the real and personal estate of such intestate distributable according to law; and, if such advancement is equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the intestate as above reckoned, then such child and his descendants shall be excluded from any share in such estate.

Alta. s. 5; Man. s. 7; N.S. ss. 8, 9 and 10; Ont. s. 28 (1);
Sask. s. 40 (1); see B.C. s. 95 (2) and P.E.I. s. 10.

(2) If such advancement is less than such share such child and his descendants shall be entitled to receive so much only of the real and personal estate of the intestate as is sufficient to make all the shares of the children in such estate and advancement to be equal as nearly as can be estimated.

Ont. s. 28 (2); Sask. s. 40 (2); B.C. s. 95 (2).

(3) The value of any real or personal estate so advanced shall be deemed to be that which has been expressed by the intestate or acknowledged by the child in any instrument in writing, otherwise such value shall be estimated according to the value of the estate when given.

N.S. s. 11; Ont. s. 28 (3); Sask. s. 41.

(4) The maintaining or educating or the giving of money to a child without a view to a portion or settlement in life shall not be deemed an advancement within the meaning of this Act. Ont. s. 28 (4); Sask. s. 42.

ESTATE UNDISPOSED OF BY WILL.

24. All such estate, real and personal, as is not devised by will shall be distributed as if the testator had died intestate. Man. s. 13; N.S. s. 18; Sask. s. 43.

NO DOWER OR CURTESY.

25. No widow shall be entitled to dower in the land of her deceased husband dying intestate and no husband shall be entitled to an estate by the curtesy in the land of his deceased wife so dying.

Alta. 1906, c. 19, ss. 5 and 6; Man. ss. 19 and 20; Sask. s. 44. ILLEGITIMATE CHILDREN.

26. Illegitimate children shall inherit from the mother as if they were legitimate, and they shall inherit through the mother, if dead, any real or personal estate which she would have taken, if living, by purchase, gift, demise or descent from any other person.

Alta. s. 9 (4; Sask. s. 45; see Ont. s. 27 (1).

SUCCESSION TO ILLEGITIMATES.

27. If an intestate, being an illegitimate child, dies leaving no widow or husband or issue, the whole of such intestate's estate, real and personal, shall go to his or her mother.

Alta. s. 9 (2); Sask. s. 46.

CONSTRUCTION OF ACT.

28. This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those. provinces which enact it.

COMING INTO FORCE.

29. This Act shall come into force on the

day of

19

CONFERENCE OF COMMISSIONERS ON UNIFORMITY OF
LEGISLATION IN CANADA.

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