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deceased executor, the court of probate in the town where such will was proved and recorded shall proceed and grant letters of administration with the will annexed, to such person within this state as to the said court shall seem meet, in the same full and ample manner as if such executor had become insane or otherwise incapable of, or evidently unsuitable, to discharge the trust reposed in him; and in no case shall the executor of a deceased executor in consequence thereof, become an executor of the first testator.
SEC. 26. When the executor or any other person interested in any will that has been proved and allowed in a court of probate in any of the United States, or in a court of bate in any state or kingdom, shall produce a copy of such will, with a copy of the probate thereof, under the seal of the court where the same will has been proved and allowed, unto any court of probate in any town in this state where the testator had estate real or personal, whereon the same will may operate, and shall in writing desire the same may be filed and recorded in the probate office in such town pursuant to this act, the said court shall assign a time and place for taking the same into consideration; and shall cause notice thereof to be given in the same manner as though said will was presented to such court for probate, to the end that any person may appear and show cause against the filing and recording the same; and if at the time assigned no objection is made, or none in the judgment of said court sufficient to prevent it, the said court may cause the same copy to be filed in the registry of said court of probate, and direct the same to be there recorded; saving always an appeal to any person apprehending himself aggrieved thereby, to the supreme court, as in other probate cases; and the said court may grant letters testamentary to the executor therein named, or to the administrator appointed under the original will, or to such person being a resident in this state as said court shall deem fit, they giving bond according to law.
SEC. 27. When a copy of any will which has been proved and allowed in any court of probate in any of the United States or in any foreign state, shall be directed to be filed and recorded in any probate court in this state pursuant to this act, the filing and recording thereof shall be of the same force and effect as the filing and recording of an original will, proved and allowed in the said court of probate; and said court may grant letters testamentary to the executor therein named, or letters of administration with the will annexed, to such person being a resident in this state as said court may deem fit,
taking bond from the said person according to law: provided, however, that nothing in this or in the next preceding section contained, shall be construed to make valid any will that is not executed, attested and subscribed in the manner prescribed by the laws of this state; nor to give any operation and effect to the will of any alien different from what it would have had, if originally proved and allowed in this state.
An Act directing the descent of Intestate Estates and the settlement thereof, and for other purposes therein mentioned.
1. Course of descent of intestate estates; general rules.
2. Personal property to be distributed, as real, descends.
3. Widow to have her apparel and furniture, if estate be insolvent.
4. Real estate liable for debts; not to be aliened by heir till after three years and six months.
5. Court of probate may divide real estate among heirs, on petition.
6. Notice to be given on such petitions.
8. Form of warrant to commissioners.
10. Commissioners to report their doings.
ed from child's share.
ian to act for him.
12. Infant interested in partition; guard-33. Personal estate being insufficient to
13. What an advancement.
14. Real estate not disposed of by will to be divided among heirs.
15. Real estate holden in common by devise, may be divided by court of probate.
16. Widow's dower lands may be divided after her decease.
17. Court of probate to apportion costs of
18. Tenancy by curtesy recognized.
22. Emblements-what are.
Settlement of administrator's account, final.
Heir no right to portion of estate till three years after administration, except on giving bond.
pay debts, court of probate may authorize sale of real estate.
45. Legatee, &c., not demanding legacy 46. Town treasurer to keep particular acin five years, executor to pay same to count of receipts under preceding town treasurer. section.
It is enacted by the General Assembly, as follows:
SECTION 1. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his kindred, in the following course:
To his children or their descendants, if any there be :
If there be no children nor their descendants, then to the father of such intestate:
If there be no father, then to the mother, brothers and sisters of such intestate, and their descendants, or such of them as there be:
If there be no mother nor brother nor sister, nor their descendants, the inheritance shall go, in equal moieties, to the paternal and maternal kindred, each in the following course: First, to the grandfather:
If there be no grandfather, then to the grandmother, uncles and aunts, on the same side, and their descendants, or such of them as there be :
If there be no grandmother, uncle, nor aunt, nor their descendants, then to the great-grandfathers or great-grandfather, if there be but one:
If there be no great-grandfather, then to the great-grandmothers, or great-grandmother, if there be but one, and the brothers and sisters of the grandfathers, and grandmothers, and their descendants, or such of them as there be, and so on, in other cases, without end; passing to the nearest lineal male ancestors, and for want of them to the lineal female ancestors, in the same degree, and the descendants of such male and female lineal ancestors, or such of them as there be.
But no right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such person be in being, and capable in law to take as heirs, at the time of the intestate's death.
And when herein the inheritance is directed to go by moieties to the paternal and maternal kindred, if there be no such kindred on the one part, the whole shall go to the other part; and if there be no kindred, either on the one part or the other, the whole shall go to the husband or wife of the intestate; and if the wife or husband be dead, it shall go to his or her kindred in the like course as if such husband or wife had survived the intestate and then died, entitled to the estate. The
descendants of any person deceased shall inherit the estate which such person would have inherited had such person survived the intestate.
When the title to any real estate of inheritance as to which the person having such title shall die intestate, came by descent, gift or devise, from the parent or other kindred of the intestate, and such intestate die without children, such estate shall go to the kin next to the intestate, of the blood of the person from whom such estate came or descended, if any
Bastards shall be capable of inheriting or transmitting inheritance, on the part of their mother, in like manner as if they had been lawfully begotten of such mother.
Nothing in this section shall be construed or operate to bar any widow of any intestate, of her right of dower in the real estate of her deceased husband.
SEC. 2. When any person shall die possessed of any chattels or personal estate, the same shall stand chargeable with the payment of all the just debts and funeral charges of the deceased, and the expenses of settling his estate; and after the payment thereof the surplusage, (if any there be,) not by him bequeathed, shall be distributed, by order of the court of probate who shall have granted administration on such intestate estate, as follows; one third part thereof to the widow of 25, the deceased forever, unless the intestate died without issue, in which case she shall have one half thereof forever; the residue shall be distributed amongst the the heirs of the intestate, in the same manner real estates descend and pass by this act, but without having any respect to the blood of the person from whom such personal estate came or descended.
SEC. 3. Whenever the personal estate of any deceased person shall be insufficient to pay the debts and funeral charges of the deceased, the widow shall nevertheless be entitled to her apparel, and such bedding and other household goods as the court of probate shall determine necessary, according to her situation and the circumstances of the estate; and such part of the personal estate as the court of probate may allow the widow, shall not be assets in the hands of the executor or administrator.
SEC. 4. The real estate of any deceased person shall, in all cases, stand chargeable with all the debts of such deceased, over and above what the personal estate shall be sufficient to pay as aforesaid; nor shall the heir or devisee, within three years and six months after the probate of the will or administration granted, encumber or aliene said estate, bu
the same may be sold by the executor or administrator, if necessary, as prescribed by law: provided, however, that, after the expiration of three years and six months, the heir or the devisee may aliene, and the same shall not be liable for the debts of the deceased, in the hands of the purchaser thereof, or any other person.
SEC. 5. After payment of the debts, funeral charges, and expenses of settling the estate of any person dying intestate, the court of probate which granted administration on such estate may divide the real estate of which such intestate died seized, among his heirs at law, in the proportions by law prescribed; whenever application in writing shall be made to them for such purpose, by all of the said heirs at law, setting forth and particularly describing each parcel of said real es
SEC. 6. Upon the filing of such application, a time shall be appointed for proceeding therein, unless such time be specified in such application; and notice thereof shall be given according to law, or in such manner as the court of probate shall appoint, to such heirs at law.
SEC. 7. At the time appointed, such court shall by decree determine who are the heirs at law of the intestate, entitled to a share of such estate, the amount of advancement or settlement made by such intestate to any of such heirs, and the share to which each of said heirs is entitled out of such real estate; and shall thereupon appoint three or five discreet and disinterested persons, residing in any or either of the towns wherein the lands to be divided do lie, as commissioners, to make partition thereof, according to such decree.
SEC. 8. Such court shall issue their warrant to the commissioners, which shall be in substance as follows:
The State of Rhode-Island and Providence Plantations.
their meeting on the
did pass the following decree, to wit: (here insert a copy of the decree :) You are therefore hereby authorized, after being first engaged to the faithful discharge of the trust reposed in you, to appraise all the real estate described and referred to in said decree, each piece and parcel by itself, at the present value thereof in money; and after having made such appraisement, you are faithfully and impartially to divide the same among the heirs at law of said named in said