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17. Provided that 17. And provided also, and it is hereby further until default of pay. expressly declared and agreed by and between the parties to these presents, that until default shall ment the mortgagor happen to be made of or in the payment of the said shall have quiet sum of money hereby secured or mentioned, or possession of the intended so to be, or the interest thereof, or any said lands.

part of either of the same, or the doing, observing, performing, fulfilling or keeping some one or more of the provisions, agreements or stipulations herein set forth, contrary to the true intent and meaning of these presents, it shall and may be lawful to and for the said mortgagor, his heirs and assigns, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said lands, tenements, hereditaments and premises hereby conveyed or mentioned, or intended so to be, with their and every of their appurtenances, and receive and take the rents, issues and profits thereof to his own use and benefit, without let, suit, hindrance, interruption, or denial of or by the said mortgagee, his heirs, executors, administrators or assigns, or of or by any other person or persons whomsoever lawfully claiming, or who shall, or may lawfully claim by, from, under or in trust for him, her, them or any or either of them.

R. S. O. 1877, c. 104, Schedule B.

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ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts

as follows:

1. This Act may be cited as "The Devolution of Estates Act." Short title. 49 V. c. 22, s. 1.

2. Sections 3 to 10 inclusive of this Act shall apply only to Application the estates of persons dying on and after the 1st day of July, of ss. 3-10. 1886. 49 V. c. 22, s. 2.

3. Subject as above this and the next seven sections of this Estates to Act shall apply:

(a) To all estates of inheritance in fee simple, or limited to
the heir as special occupant, in any tenements or
hereditaments in Ontario, whether corporeal or
incorporeal.

which ss. 3-10 apply.

Property to devolve on

sentative.

(b) To chattels real in Ontario.

(c) To all other personal property of any person who has died domiciled in Ontario.

Provided, that all real or personal property comprised in any disposition made by will in exercise of a general testamentary power of appointment shall be deemed to be within the provisions of this section, if otherwise applicable. 49 V. c. 22, s. 3.

4. (1) All such property as aforesaid which is vested in personal repre- any person, or is comprised in any such disposition as aforesaid made by him, shall on his death, notwithstanding any testamentary disposition, devolve upon and become vested in his legal personal representatives from time time, and subject to the payment of his debts; and so far as the said property is not disposed of by deed, will, contract or other effectual disposition, the same shall be distributed as personal property not so disposed of is hereafter to be distributed.

Saving as to dower.

Saving as to husband's interest in pro

(2) Nothing in this Act shall be construed to take away a widow's right to dower; but a widow may by deed or instrument in writing, attested by at least one witness, elect to take her interest under this section in her husband's undisposed of real estate, in lieu of all claims to dower in respect of real estate of which her husband was at any time seised, or to which at the time of his death he was beneficially entitled; and unless she so elects she shall not be entitled to share under this section in the undisposed of real estate aforesaid.

(3) Any husband who, if sections 3 to 9 of this Act had not passed, would be entitled to an interest as tenant by the perty of wife. curtesy in any real estate of his wife, may by deed or instrument in writing executed within six months after his wife's death, and attested by at least one witness, elect to take such interest in the real and personal property of his deceased wife as he would have taken if the said sections of this Act had not passed, in which case the husband's interest therein shall be ascertained in all respects as if the said sections had not passed, and he shall be entitled to no further interest under the said sections of this Act.

Administrators to give security.

(4) Where any person applies to be appointed an adminis trator, and the administration applied for is a general administration, the application and the affidavit in support thereof shall shew the particulars of the real estate of the deceased; and the value or probable value thereof, and the amount of the security to be given, shall have reference to such value as well as to the value of the other estate of the deceased. 49 V. c. 22 s. 4 (1-4).

married

5. The real and personal property of a married woman in Distribution respect of which she has died intestate, shall be distributed as of property of follows: one-third to her husband if she leave issue, and one- woman dying half if she leave none; and subject thereto, shall go and devolve intestate." as if her husband had pre-deceased her. 49 V. c. 22, s. 5.

6. When a person shall die without leaving issue, and intes- Distribution tate as to the whole or any part of his real or personal property, of estate of his father surviving shall not be entitled to any greater share intestate and person dying under the intestacy than his mother or any brother or sister without issue. surviving; nor shall a grandfather or grandmother of a person dying intestate share in competition with a surviving father, mother, brother or sister. 49 V. c. 22, s. 6.

payment of

7. The real and personal property of a deceased person com- Application of prised in any residuary devise or bequest shall (except so far as property in a contrary intention shall appear from his will or any codicil debts. thereto) be applicable ratably, according to their respective values, to the payment of his debts. 49 V. c. 22, s. 7.

fants' estate.

8.-(1) Where infants are concerned in real estate which but Sales of infor the preceding sections of this Act would not devolve on executors or administrators, no sale or conveyance shall be valid under this Act without the written consent or approval of the Official Guardian of infants appointed under The Judi- Rev. Stat. c. cature Act, or in the absence of such consent or approval without an order of the High Court.

44.

counties.

(2) The High Court may appoint the Local Judge of any Local Guar county or the Local Master therein, as Local Guardian of Infants, dians in outer in such county during the pleasure of the Court, with authority to give such written consent or approval as aforesaid instead of the Official Guardian; and the Official Guardian and Local Guardian shall be subject to such general orders as the High Court may from time to time make in regard to their authority and duty under this Act. 49 V. c. 22, s. 8.

sentative over

9. Subject as hereinbefore provided, the legal personal Power of perrepresentatives from time to time of a deceased person shall sonal repre have power to dispose of and otherwise deal with all real pro- real property. perty vested in them by virtue of the preceding sections of this Act, with all the like incidents, but subject to all the like rights, equities, and obligations, as if the same were personal property vested in them. 49 V. c. 22, s. 9.

presentatives

10. In the case of a person dying after the 1st day of Personal reJuly, 1886, his personal representative for the time being to be deemed shall, in the interpretation of any Statute of this Province, or in law heirs in the construction of any instrument to which the deceased and assigns. was a party, or in which he was interested, be deemed in law his heirs and assigns, unless a contrary intention appears. 50 V. c. 7, s. 35.

Interpretation.

"Land."

"Purchaser."

"Descent."

"Descend

ants of any ancestor.

"Person last entitled to land."

"Assurance."

"Rent."

"Person
through
whom another

person is said

to claim."

Descents be

11. The words and expressions hereinafter mentioned which in their ordinary signification have a more confined or a different meaning, shall, where they occur in the next fifteen sections, numbered from 12 to 26 inclusive, except where the nature of the provision or the context thereof excludes such construction, be interpreted as follows, that is to say:

1. “Land” shall extend to messuages, and all other hereditaments, whether corporeal or incorporeal, and to money to be laid out in the purchase of land, and to chattels and other personal property transmissible to heirs, and also to any share of the same hereditaments and properties, or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interests, or any of them, are in possession, reversion, remainder or contingency;

2 "The purchaser" shall mean the person who last acquired the land otherwise than by descent or than by any partition, by the effect of which the land becomes part of or descendible in the same manner as other land acquired by descent;

3. " Descent" shall mean the title to inherit land by reason of consanguinity, as well where the heir is an ancestor or collateral relation, as where he is a child or other issue;

4. "Descendants of any ancestor" shall extend to all persons who must trace their descent through such ancestor ;

5. "The person last entitled to land" shall extend to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof; 6. Assurance" shall mean any deed or instrument (other than a will), by which any land may be conveyed or transferred at law or in equity;

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7. "Rent" shall extend to all annuities and periodical sums of money charged upon or payable out of any land; and

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8. "Person through whom another person is said to claim shall mean any person by, through or under, or by the act of whom the person so claiming, becomes entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee or otherwise. R. S. O. 1877, c. 105, s. 2.

DESCENTS BEFORE 1ST JULY, 1834.

12. This Act shall not extend to any descent which took fore 1 July, place on the death of any person who died before the first Common Law. day of July, 1834. R. S. O. 1877, c. 105, s. 3.

1834, to be as at

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