Requisites for inheriting.

Of inheritance

paternal and

maternal kindred.

Third. If there be no grandmother, uncle, nor aunt, nor their descendants, then to the great-grandfathers, or great-grandfather, if there be but one.

Fourth. 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.

SEC. 3. No right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such persons be in being, and capable in law to take as heirs, at the time of the intestate's death.

SEC. 4. When herein before the inheritance is directed to go by by moieties of 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.

SEC. 5. The descendants of any person deceased shall inherit the estate which such person would have inherited, had such person survived the intestate.

SEC. 6. 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.

SEC. 7. 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.

SEC. 8. Nothing in the preceding sections of this chapter shall be construed to bar any widow of her dower in the estate of her deceased husband, or any husband of his curtesy in the estate of his deceased wife.

Distribution.

SEC. 9. The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his just debts, funeral charges, and expenses of settling his estate, shall be distributed by order of the court of probate who shall have granted administration, in manner following:

First. One half part thereof to the widow of the deceased forever, if the intestate died without issue.

Second. One third part thereof to the widow of the deceased orever, if the intestate died leaving issue.

Third. The residue shall be distributed amongst the heirs of the intestate, in the same manner real estates descend and pass by this chapter, but without having any respect to the blood of the person from whom such personal estate came or descended.

SEC. 10. No person entitled to a share in any deceased person's estate shall have a right to demand the same within three years after

administration or letters testamentary granted on such estate, unless he shall give bond to the administrator or executor, with sufficient surety, to be approved by the court of probate, to refund the proportionate share of the estate, in case any debt or debts should afterwards appear against the same, and the executor or administrator should not have a sufficiency of the estate in his hands, undivided, for the payment thereof: Provided, that the heirs at law or devisees may, during said term, take the rents and profits of the real estate as heretofore.

Division and Advancement.

court of probate of real estate, upon what application

SEC. 11. After payment of the debts, funeral charges, and expenses Division by 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 proportion 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

estate.

made.

Of proceedings and notice, upon applica

tion

Of decree for, and appointment of com

missioners to

SEC. 12. 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. 13. 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 such 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 lie, as commissioners to make partition thereof, according to such decree. SEC. 14. Such court shall issue their warrant to the commissioners, Warrant to which shall be in substance as follows:

The state of Rhode Island and Providence Plantations.

make.

commissioners.

SC.

greeting:

To

of

in the county of

day of

Whereas, the court of probate of the town of
at their
meeting on the
did pass the following de-
cree, to wit:
(here insert a copy of the decree :) You are
therefore hereby authorized, after being engaged to the faithful dis-
charge of the trust reposed in you, to appraise all the real estate de-
scribed and referred to in said decree, each parcel by itself, at the
present value thereof in money; and after having made such appraise-
ment, you are faithfully and impartially to divide the same among the
heirs at law of said
named in said decree, in the propor-
tions set forth therein; you are to let all persons named in said de-
cree 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. 15. Such commissioners shall proceed, as soon as conven- Proceedings by iently may be after receiving their warrant, to execute the duties re- commissioners. quired of them by virtue thereof, and divide such real estate in the

Mode of assignment of shares.

Report of commissioners:

manner and proportions, prescribed in the decree recited in such war

rant.

SEC. 16. If the share of any one of such 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, such 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, that if none of the heirs be under age, the assignment may be made by agreement among themselves.

SEC. 17. Such commissioners shall make report of all their proceedings under such warrant to the court of probate that appointed record of same. 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 such lands lie.

Advancement

to child, &c., by whom and when to be ascertained.

Application by infant for division, by whom to be made.

What shall be

vancement.

SEC. 18. If any child or grandchild 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 such commissioners to deduct the amount thereof from the share of such child or grandchild. SEC. 19. 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. 20. If real estate shall be conveyed by deed of gift, or perdeemed an ad-sonal estate shall be delivered to a child or grandchild, 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.

What, in case of real estate acquired subsequent to making will.

Of division of real estate

holden in com

SEC. 21. 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. 22. Real estate, holden in common by devise, shall be divided according to the respective rights claimed thereby, in the manner and mon by devise. form herein before prescribed for the division of intestate estates; and the like proceedings shall be had for effecting and confirming the

Of division of dower lands after widow's decease.

Of appeal from order of division; and expenses of division, how levied.

same.

SEC. 23. 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. 24. Whenever partition or division shall be made by any court of probate, and there shall be an appeal to the supreme court, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of such division, the court who ordered such division may 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.

CHAPTER 177.

OF ESTATES OF PERSONS DYING WITHOUT KNOWN HEIRS, AND
OF UNCLAIMED SHARES OF, AND DEBTS AGAINST, ESTATES
OF DECEASED PERSONS AND WARDS.

SECTION 1. Whenever any person shall die leaving any real or personal estate within this state, and shall leave no known heir or legal representative to claim the same, the town council of the town in which such real or personal estate may be may direct the town treasurer of such town to take the same into his possession for the use of such town, until the heir or other legal representative of such deceased person shall call for the same; to whom the same shall be delivered on being claimed, and evidence of the right or title of the claimant shown; and the said town shall, in such case, account with the claimant for such real or personal estate.

SEC. 2. Whenever any real or personal estate shall be taken into possession by any town treasurer, pursuant to this chapter, the same shall be subject and liable to the payment of the debts of the deceased to whom it belonged; and such town shall be holden to pay the same, to the amount of the value of the estate received.

Who to take possession of estates of persons dying without known heirs, and to claimant of same.

account with

Debts against how to be paid.

such estate,

Power of town amine suspected possessor of

council to ex

such estate.

SEC. 3. The town council of the town may cite any person, whom they may suspect of being possessed of the personal estate of any person dying without heirs as aforesaid, to appear before them, and may examine the person so suspected, on oath, concerning the same. SEC. 4. If any person shall appear to be possessed of any real or personal estate of one dying without known heirs or other legal rep-in resentatives as aforesaid, and shall, on request, refuse to deliver or surrender possession thereof to the town treasurer, directed as aforesaid, such town treasurer may, in his said capacity, commence and prosecute an action for the recovery thereof.

SEC. 5. Whenever any person who shall be entitled, as legatee, distributee, or creditor, to the personal estate or any part thereof in the hands of an executor, administrator, or guardian appointed in

Suit against case of resuch possessor, fusal to deliver.

Unclaimed legacies, disshares, &c., to

tributive

whom to be paid.

Who liable for,

after payment

tor, &c.

this state, shall, for the space of five years after the decree of the court of probate approving the will, or ordering distribution or establishing the amount of the claim, neglect to apply for the same, such executor, administrator, or guardian shall pay over the same to the town treasurer of the town wherein administration or guardianship was granted on said estate, taking said treasurer's receipt therefor; which shall be a sufficient voucher in the settlement of his account with the court of probate.

SEC. 6. Whenever the town treasurer of any town shall receive over by execu- any money by virtue of the section next preceding, he shall retain the same in his hands for the use of the town for which he is treasurer, until called for by the party entitled thereto, or his representative; and the town shall be liable to pay the amount so received to the party entitled to the same.

Power of town

treasurer to sell
unclaimed spe-
cific legacy,
&c.

Towns, when and how may be authorized to sell real estate held by

them and unclaimed for thirty years.

Disposition of proceeds of

such sale.

Town treasurer to keep record of his proceed ings, &c.

SEC. 7. If the town treasurer shall receive any such property which shall consist in whole or in part of any property other than cash, he may sell the same at public auction, and retain the proceeds of such sale in his hands, under the limitations and for the uses aforesaid.

SEC. 8. Whenever a town shall have been in possession of any real estate under the provisions of the first section of this chapter for thirty years, without any person having claimed the same as heir at law, devisee, legatee, or legal representative of such deceased person, and shall, by petition in equity setting forth all the known facts in relation to the title and possession of such real estate, and in relation to the person who died, leaving the same, apply to the supreme court for leave to sell and convey the same, the court shall order such notice of the pendency of the petition to be given, as may to the court seem proper, and may, after the return of such notice, and the hearing of all persons interested in such real estate, order the sale and conveyance thereof, in such manner, and upon such terms and conditions, as the court shall prescribe.

SEC. 9. The proceeds of such sale shall be held by such town, and be accounted for in the same way, and be held for the same uses, as the real estate would have been, had no sale thereof been made.

SEC. 10. The town treasurer shall keep an exact record of his proceedings under the provisions of this chapter.

CHAPTER 178.

OF DEBTS AND CHARGES AGAINST THE ESTATES OF DE-
CEASED PERSONS, AND OF LEGACIES, AND OF ACTIONS
FOR THE RECOVERY OF THE SAME.