him or her, if all the brothers and sisters of the intestate, who shall have died leaving issue, had been living; and so that such descendants shall inherit the share, which their parent would have received, if living. [The same.] "descend § 9. The same law of inheritance, prescribed in the last section, Ruleifsuch shall prevail, as to the other direct lineal descendants of every ants are of brother and sister of the intestate, to the remotest degree, whenever degrees. such descendants are of unequal degrees. § 10. If there be no heir entitled to take under either of the preceding sections, the inheritance, if the same shall have come to the intestate on the part of his father, shall descend, I. To the brothers and sisters of the father of the intestate in equal shares, if all be living: unequal 10 Paige, 148; 4 Paige, 340. and sisters Brothers of father, and their descendants. 14 N. Y., 235; 10 Paige, 148; 4 Paige, 2. If any be living, and any shall have died leaving issue, then to such brothers and sisters as shall be living, and to the descendants 349; of such of the said brothers and sisters as shall have died: 3. If all such brothers and sisters shall have died, then to their descendants: In all 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. Lans., 446. of mother descend § 11. If there be no brothers and sisters, or any of them, of the [753] Brothers father of the intestate, and no descendants of such brothers and sis- and sisters ters, then the inheritance shall descend to the brothers and sisters and their of the mother of the intestate, and to the descendants of such of the ants. said brothers and sisters as shall have died, or if all shall 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. In what and and their preferred § 12. In all cases not provided for by the preceding sections, case browhere the inheritance shall have come to the intestate on the part there of of his mother, the same, instead of descending to the brothers and mother, sisters of the intestate's father, and their descendants, as prescribed descendin the preceding tenth section, shall descend to the brothers and sis- ants, to be ters of the intestate's mother, and to their descendants, as directed to those of in the last preceding section; and if there be no such brothers and sisters, or descendants of them, then such inheritance shall descend to the brothers and sisters and their descendants, of the intestate's father, as before prescribed. [1 R. L., 52, § 3, 3d rule.] § 13. In cases where the inheritance has not come to the intestate, on the part of either the father or mother, the inheritance shall descend to the brothers and sisters both of the father 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. father. sisters of both father and mother, etc., to inherit 62 N. Y., 67; equally. 79 N. Y., 52. Mother, etc., of illegitimate in23 Barb.,32; 24 Hun, 187. testate. 14. In case of the death, without descendants, of an intestate who shall have been illegitimate, the inheritance shall descend to his mother; if she be dead, it shall descend to the relatives of the intes tate on the part of the mother, as if the intestate had been legitimate. § 15. Relatives of the half blood shall inherit equally with those Relatives blood. 14 N. Y., 235; 31 of the half of the whole blood in the same degree; and the descendants 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 of some one of his ancestors; in which case, all those Sandf, 418; who are not of the blood of such ancestor, shall be excluded from such inheritance. Barb., 658; 1 Paige, 562, 5 52 N. Y., 67; 56 N. Y., 224; 16 Common law when J. & S., 430. § 16. In all cases not provided for by the preceding rules, the to prevail. inheritance shall descend according to the course of the common Rule as to one heir. 8 Hill, 637. Several heirs, how to hold. [754] Posthu. law.. [1 R. L., 52, § 3, 5th rule.] § 17. Whenever there shall be but one person entitled to inherit, according to the provisions of this chapter, he shall take and hold the inheritance solely; and whenever an inheritance, or a share of an inheritance, shall descend to several persons, under the provisions of this chapter, they shall take as tenants in common, in proportion to their respective rights. § 18. Descendants and relatives of the intestate, begotten before his death, but born thereafter, shall in all cases inherit in the same manner, as if they had been born in the life time of the intestate, 2 Barb.,251; and had survived him. mous descendants and relatives. 4 Hun, 612. Illegiti mate children and relatives. [1 R. L., 54, § 5.] § 19. Children and relatives who are illegitimate, shall not be entitled to inherit, under any of the provisions of this chapter. 18 Hun, 507; 91 N.Y.,315. Certain es not to be $20. The estate of a husband as tenant by the curtesy, or of a tates, etc., widow as tenant in dower, shall not be affected by any of the provisions of this chapter; nor shall the same affect any limitation of any estate by deed or will. affected. 28 Barb., 344; 15 How. Pr. R., 595; 19 Hun, 246; 21 Hun, 381; 22 Hun, 266; 13 Daly, 103; 24 W. D., 35. Estates in trust. Alienism of ancestor. 13 N. Y. 535; 5 N. Y., 274; 3 Barb. Ch., When advancement [1 R. L., 54, § 4.] § 21. Real estate held in trust for any other person, if not devised by the person for whose use it is held, shall descend to his heirs, according to the provisions of this chapter. 1 R. L., 74, § 4.] § 22. No person capable of inheriting under the provisions of this chapter, shall be precluded from such inheritance, by reason of the alienism of any ancestor of such person. 446; 21 Wend., 130; 3 Sandf., 79; 7 Wend., 336; 1 Sheld., 128; 57 How. Pr., 229; 80 N. Y., 171. § 23. If any child of an intestate shall have been advanced by him, to be set off by settlement or portion of real or personal estate, or of both of them, the value thereof shall be reckoned, for the purposes of this Abb, 3; 13 section only, as part of the real and personal estate of such intestate, Barb, 252; descendible to his heirs, and to be distributed to his next of kin, ac 3 Sandf. 3 Bradf., cording to law; and if such advancement be equal or superior, to 199; 6. Barb., 404; the amount of the share, which such child would be entitled to re- 61 Barb., ceive, 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. 18 Hun, 217; 11 Hun, 523; 4 Hun, 69; 10 Hun, 611; 68 N.¡Y., 108; 3 Redf., 28; 79 N. Y., 246; 4 37 Hun, 218; 104 N. Y., 74; [R. L., 313, § 16.] Barb., 309; Hun, 758; 2 Redf., 19; id., 465; 70 N. Y., 612; Dem., 540; 42 Hun, 278. deducted. Ch. 127; § 24. But if such advancement be not equal to such share, such When to be child and his descendants shall be entitled to receive so much only, 3 Sandf of the personal estate, and to inherit so much only, of the real estate 14 Hun, 755; of the intestate, as shall be sufficient to make all the shares of the 58 Barb., 310; 61 id., children, in such real and personal estate and advancement, to be 298; 64 equal as near as can be estimated. [The same.] Barb., 404. advance3 Sandf. § 25. The value of any real or personal estate so advanced shall Value of be deemed to be that, if any, which was acknowledged by the child ment. by an instrument in writing; otherwise such value shall be estimated, Ch., 127; according to the worth of the property when given. 64 Barb., 404; 61 Barb., 298; 18 Hun, 319. § 26. 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. Expenses, e, not ad vancements. 10 Barb., 72; 61 Barb., 298. "real es "inherit ance" de [755] § 27. The term "real estate," as used in this chapter, shall be Terms construed to include every estate, interest and right, legal and equita- tate and ble, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seised or possessed fined. thereof, or in any manner entitled thereto, and except leases for years, and estates for the life of another person; and the term "inheritance," as used in this chapter, shall be understood to mean estate, as herein defined, descended according to the provisions of this chapter. real 53 N. Y., 199; 52 N. Barb., 643; Bradf, 7; Y., 67; 51 4 88 N. Y., 560. tion of cer § 28. Whenever, in the preceding sections, any person is described Construc as living, it shall be understood that he was living at the time of the tain exdeath of the intestate, from whom the descent came; and whenever pressions. any person is described as having died, it shall be understood, that he died before such intestate. every certain pressions. § 29. The expressions used in this chapter, "where the estate Meaning of shall have come to the intestate, on the part of the father," or other ex"mother," as the case may be, shall be construed to include case where the inheritance shall have come to the intestate, by devise, gift, or descent from the parent referred to, or from any relative of the blood of such parent. L. 1855, Chap. 547 — An act allowing illegitimate children to inherit real and personal property in certain cases. Illegitimates may inherit from their mother. SECTION 1. Illegitimate children in default of lawful issue, may inherit real and personal property from their mother as if legitimate; but nothing in this act shall affect any right or title in or to any real or personal property already vested in the lawful heirs of any person heretofore deceased. 3 Bradf., 249. CHAPTER III. OF THE PROOF AND RECORDING OF CONVEYANCES OF SEC. 1. Conveyances of real estate, where to be recorded; consequence of omission. 2. Deeds and mortgages to be recorded in different sets of books. 3. Defeasances, etc., of deeds to be recorded with them. 4. Officers in this state and the United States, authorised to take proofs, etc., of deeds. 5. Ambassadors, consuls, etc., in Europe, etc., may take proofs, etc. 6. In Great Britain, etc., consuls, etc., may take proof, etc. 7. Proofs, etc., how certified by mayors, consuls and ambassadors; effect thereof. 8. Proofs, etc., before special commissioners appointed by chancery. 9. Identity of persons acknowledging deed, to be known or proved. 10. Married women in this state, to be examined, etc. 11. Proof, etc., of conveyances by married women residing out of this state. 12. Proof of deeds by subscribing witnesses, how made. 13. When and how witnesses to deeds, compelled to testify concerning them. 14. Penalty and proceedings on refusal, etc., to appear or to testify. 15. Certificate of proof, etc., to be indorsed on deed; its contents. 16 & 17. [Repealed.] 18. Certificates of certain judges and commissioners, when and how to be authenticated. 19. Last section not to apply to deeds of agents of certain estates. 20. Certificates to be recorded with conveyance; effect of omission. 21. Conveyances by treasurer of Connecticut, how verified. 22. This chapter not to affect conveyances heretofore proved, etc. 23. Conveyances heretofore executed, but not proved, how to be proved, etc. 24. Conveyances to be recorded in order of delivery, and deemed then recorded. 28. Upon what proof records, etc., of mortgages, to be discharged. 29. Certificate of discharge and proof, etc., to be recorded in the minutes of discharge, reference to be made to the page where certificate is recorded. 30. When witnesses to conveyance dead, before whom it may be proved. 31. What proof to be made; matters to be stated in certificate. 32. Deed so proved, on being deposited, may be recorded. 33. Effect of recording and deposit, as notice, as evidence. 34. Punishment for recording deeds, etc., without being proved, etc. 35. Punishment of judges, etc., for malfeasance in executing powers herein given. 36. Definition of term. "real estate," as used in this chapter. 37. Construction of the term "purchaser." 38. Meaning of term "conveyance." 39. Last section not to extend to powers of attorney, but they and contracts for 40. Letter of attorney recorded not affected by revocation until it be recorded. [756] recorded in SECTION 1. Every conveyance of real estate, within this state, Convey. hereafter made, shall be recorded in the office of the clerk of the ances to be county where such real estate shall be situated; and every such county conveyance not so recorded shall be void as against any subsequent office. purchaser, in good faith and for a valuable consideration, of the clerk's |