Further provi

sion if the es

of such relatives all of equal degree of consanguinity to the intestate, the inheritance shall descend to them in equal parts, however remote from the intestate the common degree of consanguinity may be. R. S. O. 1877, c. 105, s. 28.

38. If all the brothers and sisters of the intestate are living, the inheritance shall descend to such brothers and sisters; and if any one or more of them are living and any one or more are dead, then to the brothers and sisters and every of them who are living, and to the descendants of such brothers and sisters as have died, so that each brother or sister who is living shall inherit such share as would have descended to him or her, if all the brothers or sisters of the intestate who have died leaving issue had been living, and so that such descendants shall inherit in equal shares the share which their parent, if living, would have received. R. S. O. 1877, c. 105, s. 29.

39. The same law of inheritance prescribed in the last section shall prevail as to the other direct lineal descendants of every brother and sister of the intestate, to the remotest degree, wherever such descendants are of unequal degree. R. S. O. 1877, c. 105, s. 30.

40. If there is no heir entitled to take under any of the preceding thirteen sections, the inheritance if the same came to the intestate on the part of his father, shall descend:

Firstly. To the brothers and sisters of the father of the intestate in equal shares, if all are living;

Secondly. If one or more are living, and one or more have died leaving issue, then to such brothers and sisters as are living, and to the descendants of such of the said brothers and sisters as have died-in equal shares;

Thirdly. If all such brothers and sisters have died, then to their descendants; and in all such cases the inheritance shall descend in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. R. S. 0. 1877, c. 105, s. 31.

41. If there be no brothers or sisters, or any of them, of the father of the intestate, and no descendants of such brothers or sisters, then the inheritance shall descend to the brothers and sisters of the mother of the intestate, and to the descendants of such of the said brothers and sisters as have died, or if all have died, then to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the father. R. S. O. 1877, c. 105, s. 32.

42. In all cases not provided for by the next preceding fifteen sections, where the inheritance came to the intestate on the the mother's part of his mother, the same, instead of descending to the bro

tate came on

side.

thers and sisters of the intestate's father, and their descendants, as prescribed in section 40, shall descend to the brothers and sisters of the intestate's mother, and to their descendants, as directed in the last preceding section; and if there are no such brothers and sisters or descendants of them, then the inheritance shall descend to the brothers and sisters, and their descendants, of the intestate's father, as before prescribed. R. S. O. 1877, c. 105, s. 33.

ther's nor mo

43. In cases where the inheritance did not come to the in- If estate came testate on the part of either the father or the mother, the inheri- neither on fatance shall descend to the brothers and sisters both of the father ther's side. and mother of the intestate in equal shares, and to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. R. S. O. 1877, c. 105, s. 34.

whole blood.

44. Relatives of the half blood shall inherit equally with Half blood to those of the whole blood in the same degree, and the descen- succeed with dants of such relatives shall inherit in the same manner as the descendants of the whole blood, unless the inheritance came to the intestate by descent, devise or gift from some one of his ancestors; in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance. R. S. O. 1877, c. 105, s. 35.

45. On failure of heirs under the preceding rules, the in- In cases not. heritance shall descend to the remaining next of kin of the provided for, intestate, according to the rules in the English Statute of Dis- c. 10, and 29 tribution of Personal Estate. R. S. O. 1877. c. 105, s. 36.

22-3 Car. ii.

Car. ii. c. 3, to apply.

in common.

46. Where there is but one person entitled to inherit Co-heirs to according to the provisions of section 27 and following take as tenants sections of this Act, he shall take and hold the inheritance solely; and where an inheritance, or a share of an inheritance, descends to several persons under such provisions, they shall take as tenants in common, in proportion to their respective rights. R. S. O. 1877, c. 105, s. 37.

death of intes

47. Descendants and relatives of the intestate begotten be- Descendants fore his death, but born thereafter, shall in all cases inherit in etc., born after the same manner as if they had been born in the lifetime of the tate, to inherit. intestate and had survived him. R. S. O. 1877, c. 105, s. 38.

48. Children and relatives who are illegitimate shall not be Illegitimate entitled to inherit under any of the provisions of this Act. persons not to R. S. O. 1877, c. 105, s. 39.

inherit.

dower and

49. The estate of the husband as tenant by the curtesy, or Curtesy, of a widow as tenant in dower, shall not be affected by any of estates by the provisions of the last preceding twenty-two sections of this deed or will,

excepted.

Cases of child

been advanced

etc.

Act, nor shall the same affect any limitation of any estate by deed or will, or any estate which, although held in fee simple or for the life of another, is so held in trust for any other person, but all such estates shall remain, pass and descend, as if the last twenty-two sections of this Act numbered from 27 to 48, both included had not been passed. R. S. O. 1877, c. 105, s. 40.

50. If any child of an intestate has been advanced by the ren who have intestate by settlement, or portion of real or personal estate, or by settlement, 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 descendible to his heirs, and to be distributed to his next of kin 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 deceased, as above reckoned, then such child and his descendants shall be excluded from any share in the real and personal estate of the intestate. R. S. O. 1877, c. 105, s. 41.

If such ad

51. If such advancement is not equal to such share, such vancement be child and his descendants shall be entitled to receive so much not equal. only of the personal estate, and to inherit so much only of the real estate of the intestate, as is sufficient to make all the shares of the children in such real and personal estate and advancement to be equal, as nearly as can be estimated. R. S.O. 1877, c. 105, s. 42.

Value of pro

ced, how estimated.

52. The value of any real or personal estate so advanced perty advan shall be deemed to be that, if any, which has been acknowledged by the child by any instrument in writing, otherwise such value shall be estimated according to the value of the property when given. R. S. O. 1877, c. 105, s. 43.

Education,

etc., not advancement.

As to the pur

of the parties interested of real estate subject to partition.

53. 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. R S. O. 1877, c. 105, s. 44.

54. The parties authorized to make partition of any such chase by any real estate according to law, shall receive from any of the persons entitled to a share of such real estate, an offer or proposition to purchase the share or shares of the other parties inter ested therein, giving the preference to the person who would have been the heir-at-law thereto, had section 27 and the following sections of this Act not been passed; and next after such heir-at-law, giving such preference to the several persons successively who would have been such heir-at-law, had the said last mentioned sections of this Act not been passed, and

had those persons preceding them respectively in the series of such preference been dead at the time of the death of the intestate. R. S. O. 1877, c. 105, s. 45.

offer to pur

55. The parties so authorized to make such partition shall Particulars of certify particularly to the Court in which proceedings for a chase to be partition are commenced or pending, the particulars of such certified to the offer or proposition for purchase, the nature, quantity and value Court. of the estate or share proposed to be purchased, and whether they advise such offer or proposition to be accepted or rejected, and their reasons therefor. R. S. O. 1877, c. 105, s. 46.

56. Any Court authorized to make partition of real estate Any Court may direct a sale of the same if it thinks it right so to do, authorized to make partition upon the application of any of the parties beneficially interested may direct a therein, giving however the preference at all times to the per- preference to sale, giving son who would have been the heir-at-law to such real estate the heir-athad section 27 and the following sections of this Act not been law. passed, and after such heir-at-law, then giving such preference to the several persons successively who would have been such heir-at-law, had the said last mentioned sections of this Act not been passed, and had those persons preceding them respectively in the series of such preference been dead at the time of the death of the intestate. R. S. O. 1877, c. 105, s. 47.

which prefer

57. Every such preference shall be upon and subject to such Terms on terms, security and conditions, as the Court thinks it right to ence to be direct. R. S. O. 1877, c. 105, s. 48.

given.

Operation of wills from time of death of testator, s. 26. Lapsed devise to sink into residuary devise, s. 27.

General devise what to include, ss. 28-30.

Meaning of "heir" in a devise, s. 31.

"Die without issue," meaning of, s. 32.

General devise to trustees, what

estate to pass, ss. 33, 34. Cases where devise does not lapse by death of a devisee, ss. 35, 36. Mortgage debts primarily chargeable on land, ss. 37, 38. IMPERIAL ACTS REPEALED, s. 39.

Short title.

"Land."

HE

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 Wills Act of Ontario." R. S. O. 1877, c. 106, s. 1.

WILLS BEFORE 1ST JANUARY, 1874.

2. In the next succeeding three sections of this Act the word "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