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such power, unless a contrary intention shall appear by the Will; and in like manner a bequest of the personal estate of the testator,or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which the description shall extend (as the case may be), which he may have power to appoint, in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the Will.

23. Where any real estate shall be devised to any person without words of limitation, such devise shall be construed to pass the fee simple or the whole estate or interest which the testator had power to dispose of by Will in such real estate, unless a contrary intention appear by the Will.

21. In any devise or bequest of real or personal estate, the words “die without issue," or "die without leaving issue,' or "hare no issue,” or any other words which may import either a want or failure of issue, of any person in his life time, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the life time, or at the time of the death of such per. son, and not an indefinite failure of his issue, unless a contrary intention shall appear by the Will, or by reason of such person having a prior estate tail, or of a preceding gift, being without any implication, arising from such words, or limitation of an estate tail, to such person or issue, or otherwise ; but nothing herein shall extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue, who shall live to attain the age,or otherwise answer the description required for obtaining a rested estate by a preceding gift to such issue.

25. Where any real estate shall be devised to any Trustee or Executor, such derise shall be construed to pass the fee simple, or the whole estate or interest which the testator had power to dispose of by Will in such real estate, unless a definite term of years absolute or determinable, or an estate of freehold, shall thereby be given to him expressly or by jinplication.

26. Where any real estate shall be devised to a Trustee without any express limitation of the estate to be taken by him, and the beneficial interest in such real estate, or in the surplus rents and profits thereof, shall not be giren to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such Trustee' the fee simple or other the whole legal estate, which the testator had power to dispose of by Will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.

27. When any person to whom any real estate shall be devised, for an estate tail, or an estate inquasi entail, shall die in the life time of the testator, leaving issue who would be inheritable under such entail, and any such issue shall be living at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will.

28. Where any person being a child or other issue of the testator to whom any personal or real estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the life time of the testator, leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such derise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will.

29. A married woman separated from, or deserted or abandoned by her husband, or living separate and apart from her husband, not wilfully and of her own accord, although her husband may neither have abandoned nor deserted her, shall have the like power to make a Will as a feme sole.

30. Any married woman may, with the consent of her hosband, make a Will as hereinbefore provided, such consent of her husband being expressed in writing on the Will and executed in like manner. No consent of a husband shall be revoked excep: in the life time and with the consent, in writing, or the wife, executed in like manner; but the wife may at any time revoke or cancel such Will without the consent of her husband, by some writing declaring an intention to revoke the same, and executed as herein required in the case of Wills, or by the burning, tearing or otherwise destroying the same by the wife, or by some person in her presence and by her direction, with the intention of revoking the same.

31. The words and expressions in this Chapter mentioned, and here following, which in their ordinarysignification have a more confined or different meaning, shall, except where the nature of the provision or context excludes such interpretation, be interpreted as follows:-"Will” shall extend to a testament, and to a codicil, and to an appointment by Will or writing in nature of a Will in exercise of a power, and to any other testamentary disposition :“real estate” shall extend to messuages, lands, rents, and hereditaments, whether corporeal or incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein ; and “personal estate "shall extend to chattels rial, and to moneye, shares of funds, securities for money (not being real estates), debts, and other choses in action, goods, and all other personal property, or share, or interest therein.

CHAPTER 78

INTESTATE ESTATES. Section.

Section. 1 Division of real estate of intes. Distribution of personal property. tate.

4 Distribution of surplusage of pero 2 In cases where intestate died pre- sonal estate. vious to April 6th, 1858.

5 In cases where intestate died, &c., 3 In cases where intestate died

previous to coming into operasince April 6th, 1858.

tion of this Chapter. 1. When any person shall die intestate, his real estate shall be divided equally to and amongst his children or their legal representatives ; and in case there be no children of the intestate, then to the next of kindred and their representatives, including those of half blood and their representatives; but children advanced by settlement or portions not equal to the other shares, shall have so much of the surplusage as shall make the estate of all equal, reserving the widow's right of dower.

2. In the case of estates of persons who died before the sixth day of April, in the year of our Lord one thousand eight hundred and fifty eight, and of persons who were at the said date non compos mentis and who continue or may have continued so until death, the descent of the real estate shall be according to the following provision, that is to say: When any person shall die intestate,the heir at law, whether lineal or collateral, shall be entitled to and have a double portion or two shares of the real estate, (subject to the widow's right of dower,) and the remainder of such estate shall be divided equally to and amongst the other children or their legal representatives, including in the distribution children of the half blood, and in case there be no children of the intestate, then to the next of kindred in equal degree and their representatives, but children advanced by settlement or portions not equal to the other shares, shall have so much of the surplusage, as shall make the estate of all equal, except the heir at law, who shall have two shares or a double portion of the whole.

3. In the case of estates of persons who died intestate since the sixth day of April, in the year of our Lord one thousand eight hundred and fifty eight, the descent of the real estate shall be as provided in the first Section hereof.

DISTRIBUTION OF THE PERSONAL PROPERTY. 4. The surplusage of the personal estate of the intestate shall be distributed by the Judge of Probate in manner following, that is to say: One third of it to the widow.and the residue in equal portions to and amongst his children and such persons as legally represent them. Any child receiring an advancement of real estate in the life time of the intestate in excess of his share of the real estate shall hare the value of such excess taken into account in the distribution of the personalty. If there be no children uor any legal representatives of them, one moiety of such surplusage shall be allowed to the widow, and the residue be distributed equally amongst the next of kindred of the intestate in equal degree,and those who legally represent them, but there shall be no representation among collaterals after the brothers' and sisters' children; and if there be no widow all such surplusage shall be distributed equally amongst the children, and if no child, to the next of kindred, in equal degree, of the intestate and their representatives; and if after the death of the father any of his children shall die intestate, without wife or children in the lifetime of the mother, every brother and sister, and their representatives, shall have equal share with her.

5. In the cases of the estates of persons who die before this Chapter comes into operation,or of persons who at such time are non compos mentis, and continue so until death, the distribution of the personal estate shall be according to the following provision, that is to say: The surplusage of the personal estate of the intestate shall be distributed by the Judge of Probate in manner following, that is to say :One third of it to the widow, and the residue in equal portions to and amongst his children,and such persons as legally represent them. The heir at law, notwithstanding an advancement to him of real estate in the lifetime of the intestate, shall receive an equal share of the surplusage with the other children, but any other child receiving any such advancement shall be entitled only to such equal share, deducting the value of his advancement. If there be no children nor any legal representatives of them, one moiety of such surplusage shall be allowed to the widow, and the residue be distributed equally arnongst the next of kindred of the intestate in equal degree, and those who legally represent them, but there shall be no representation among collaterals after the brothers' and sisters' children; and if there be no widow, all such surplusage shall be distributed equally amongst the children, and if no child, to the next of kindred, in equal degree, of the intestate and their representatives; and if after the death of the father any of his children shall die intestate, without wife or children, in the life time of the mother, every brother and sister, and their representatives, shall have equal share with her.

CHAPTER 79.

ESTATES TAIL.

Abolition of Estates Tail. Estates Tail are abolished, and every estate which would hitherto have been adjudged a fee tail shall be adjudged a fee simple ; and if no valid remainder be limited thereon, shall be a fee simple absolute, and may be conveyed or devised by the tenant in tail, or otherwise shall descend to his heirs as a fee simple.

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