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 there be. 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 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 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, but 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 tate. 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. Το Whereas the court of probate of the town of SC. in the county of their meeting on the following decree, to wit: in day of of greeting: at did pass the (here insert a copy of the decree :) You are therefore hereby authorized, after being first engaged to the faithful discharge of the trust reposed 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 decree, in the proportions set forth therein: You are to let all persons named in said decree have notice when you proceed to make such appraisement and division, and having completed the same, you are to make return of this warrant, with your doings thereon, unto the court of probate of the said town of as soon as may be. Signed for and in behalf of the court of probate of the town of day of on this Clerk. SEC. 9. Said commissioners shall proceed as soon as conveniently may be after receiving their warrant to execute the duties required of them by virtue thereof, and shall divide said real estate in the manner and proportion prescribed in the decree recited in said warrant. If the share of any one of said heirs shall be less than the share of each of the other heirs, and the shares of those other heirs be equal, in such case, said commissioners shall set off said smaller share to such heir, and assign the other shares by lot: and the assignment shall also be by lot if all the shares be equal: provided, however, that if none of the heirs be a married woman or under age, the assignment may be made by agreement among themselves. SEC. 10. Said commissioners shall make report of all their proceedings under said warrant to the court of probate that appointed them; which report shall be recorded among the proceedings of said court, and, if finally established, shall also be recorded in the records of land evidence in the several towns wherein any of said lands do lie. SEC. 11. If any child or grand-child of the intestate shall have received from such intestate any real or personal estate for his advancement or settlement, the court of probate shall ascertain the amount thereof before appointing commissioners to divide such real estate; and shall, in their said decree of division, direct said commissioners to deduct the amount thereof from the share of such child or grand-child. SEC. 12. In case any infant shall be interested in the partition of any estate as aforesaid, the application for the same shall be made and signed by his guardian, duly appointed, whose acts in the premises shall be conclusive on such infant. SEC. 13. If real estate shall be conveyed by deed of gift, or personal estate shall be delivered to a child or grand-child and charged, or a memorandum made thereof in writing by the intestate, or by his order, or shall be delivered expressly for that purpose in the presence of two witnesses, who were desired to take notice thereof, the same shall be deemed an advancement to such child, to the value of such real or personal estate. SEC. 14. Whenever any person shall die leaving a last will and testament duly executed, and shall at the time of his decease be seized of any real estate not disposed of by such will, if acquired subsequently to the execution thereof, the said estate may be divided among the heirs at law of the deceased, in the same manner as though he had left no will; but in making such division every bequest and devise in the said will contained, to any of such heirs, shall be deemed and taken as an advancement to such heirs. SEC. 15. Real estates holden in common by devise shall and may be divided according to the respective rights claimed thereby, in the manner and form herein before prescribed for the division of intestate estates: and the like proceedings shall be had for effecting and confirming the same. SEC. 16. Such part of the real estate of any testator or intestate as shall be assigned to his widow for her dower, shall after her decease be divided amongst the devisees or heirs at law of the deceased, in the same manner as the same would have been divided in case it had not been assigned for dower as aforesaid. SEC. 17. When partition or division shall be made by any court of probate or upon appeal by the supreme court of the real estate of any deceased person, agreeably to this act, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of such division, it shall and may be lawful for the court who ordered such division to issue a warrant of distress against such delinquent: provided, an account of such expense be first laid before such court, and the just proportions of the persons interested, settled and allowed; they having been duly notified to be present at such settlement and allowance. SEC. 18. When a man and his wife shall be seized of any real estate in her right, in fee, and issue shall be born alive of the body of such wife, that may inherit the same, and such wife shall die, the husband shall have and hold such estate during his natural life as tenant by the curtesy. SEC. 19. After the decease of any person intestate, administration of such intestate's estate, both real and personal, shall be granted unto the widow or next of kin to the intestate, being upward of twenty-one years of age, or to both, as the court of probate shall think fit, within thirty days; and an inventory shall be taken of all the goods, chattels, rights and credits of the deceased, within three months, by three suitable persons appointed by the court of probate; who shall be sworn by said court or by some justice of the peace of the town in which they are appointed, or public notary, for the faithful discharge of that trust. SEC. 20. After the expiration of thirty days from the death of any person intestate, in case the widow or next of kin shall neglect to take out letters of administration or to apply therefor within that time, the said court may commit administration of such estate to some suitable person, not being at the time a member of said court, as the court shall think fit: provided, that in every case the person appointed administrator as aforesaid shall be an inhabitant of and resident in this state every administrator before he shall enter upon the execution of that trust shall give bond to the court of probate, with sufficient sureties, in substance of the following form, to wit: Know all men by these presents, that are holden, and stand firmly bounden and obliged unto the court of probate in the town of in the county of full sum of in the dollars, to be paid to the said court: to the true payment whereof we bind ourselves, jointly and severally, firmly by these prosents. Sealed with our seals, this in the year The condition of this obli late of who is ap de or unto the and the day of gation is such, that if the above bounden pointed administrator on the estate of ceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said hands or possession of any other person for same so made do exhibit upon oath to the court of probate for the said town of within three months from the date hereof; and the same goods, chattels, rights and credits, and all other the goods, chattels, rights and credits of the said at the time of death, or which at any time hereafter shall come to the hands and possession of the said or to the hands and possession of any other person or persons for do well and truly administer according to law, and further do make or cause to be made a just and true account of said administration, upon oath, at or before the day of which will be in the year and all the rest and residue of said goods, chattels, rights and credits, which shall be found remaining upon said administrator's account, |