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riage or other contract, he or she may repudiate the same on becoming of age.

When a minor executes a contract, and pays money, or delivers property on the same, he cannot afterward disaffirm such contract and recover the money or property, unless he restores to the other party the consideration received from him for such money or vroperty.


EVERY married woman is entitled by law to a one third interest in all real property that may be left by her husband. This prop erty is only for her use and benefit during life. She can neither self nor give it away; at her death it descends to the children, if any; if not, then to her husband's nearest relations. This third interest is termed her dower.

An interest on the part of a testator that his bequest to his wife shall be in lieu of her dower, must be so expressed, or must appear as satisfactorily as if it were expressed, or she will be still entitled to her dower.

A widow who, as administratrix of the estate of her late husband, conveys such property, in whole or in part, to another, and gives a deed of warranty for the same, cannot afterward claim her dower, or any part thereof, from such property; the deed being good to the holder she is effectually barred from all interest in it hereafter.

A widow's third-interest is in the lands, and not on the crops nor any part thereof that may be growing on the lands at the time of her husband's decease. The crops so growing at that time descend to the heir, and if the widow makes use of what she mistakingly considers her one third share, she is liable to the heir for their full value.

A widow's claim for dower of real estate is not subject to a sot off for damages, nor for moneys due by her, nor for the receipt by her of rents and profits of the whole of the lands in which she claims dower. Iler claim to the land is as good as would be the right of the heir in such a case.

A married woman, in signing away property, with and at the request of her husband, may, if she so pleases, refuse to sign away her right to dower in such property.

If a married woman be constrained from fear of, or by threats of violence on the part of, her husband, to sign off her right to dower in any property, she may, on a complaint before a judge of any court in the county where such property is situate, cause the deed so signed by her to be rendered void and of no effect.

No court will interpose to carry into effect an important gift by

Bhusband to his wife, except upon clear evidence that the hus band understood the effect of his act.

When a man agrees, before marriage, to relinquish al right and title to his wife's property during her lifetime, and in case he should survive her, the wife may will the property to whom she pleases.

Deposits of money, in bank, by a husband, in the name of his wife, survives to the wife.

Distribution of Personal Estates.

The statute of distributions in case of intestacy is as follows: Where the deceased shall have died intestate, the surplus of his personal estate remaining after payment of debts; and where the deceased left a will, the surplus remaining after the payment of debts and legacies if not bequeathed, shall be distributed to the widow, children, or next of kin of the deceased, in the manner following:

1. One third part thereof to the widow, and all the residue by equal portions among the children and such persons as legally represent such children, if any of them shall have died before the deceased.

2. If there be no children, nor any legal representative of them, then one moiety (that is one half) of the whole surplus shall be allotted to the widow, and the other moiety shall be distributed to the next of kin of the deceased entitled under the provisions of this section.

3. If the deceased leaves a widow, and no descendant, parent, brother or sister, nephew, or niece, the widow shall be entitled to the whole surplus; but if there be a brother or sister, nephew or niece, and no descendant or parent, the widow shall be entitled to a moiety of the surplus, as above provided, and to the whole of the residue where it does not exceed two thousand dollars; if the residue exceed that sum, she shall receive, in addition to her moiety, two thousand dollars, and the remaindershall be distributed to the brothers and sisters, and their representatives.

4. If there be no widow, then the whole surplus shall be distributed equally to and among the children and such as legally represent them.

5. In case there be no widow and no children, and no representatives of a child, then the whole surplus shall be distributed to the next of kin, in equal degree to the deceased, and the legal representatives.

6. If the deceased shall leave no children, and no representatives of them, and no father, and shall leave a widow and a mo

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ther, the moiety not distributed to the widow shall be distri buted in equal shares to his mother and brothers and sisters, of the representatives of such brothers and sisters; and if there he no widow, the whole surplus shall be distributed in like manner to the mother and to the brothers and sisters, or the representa tives of such brothers and sisters.

7. If the deceased leave a father, and no child or descendant, the father shall take a moiety, if there be a widow, and the whole if there be no widow.

8. If the deceased leave a mother, and no child, descendunt, father, brother, sister, or representatives of a brother or sister, the mother, if there be a widow, shall take a moiety, and the whole if there be no widow. And if the deceased shall have been illegitimate, and have left a mother, and no child or descendant or widow, such mother shall take the whole, and shall be entitled to letters of administration in exclusion of all other persons, in pursuance of the provisions of this chapter. And if the mother of such deceased be dead, the relatives of the deceased on the part of the inother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order.

9. Where the descendants or next of kin of the deceased, entitled to share in his estate, shall be all in equal degree to the deceased, their shares shall be equal.

10. When such descendants or next of kin shall be of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto, according to their respective stocks; so that those who take in their own right, shall receive equal shares, and those who take by representation shall receive the shares to which the parent whom they represent, if living, would have been entitled.

11. No representation shall be admitted among collaterals after brothers' and sisters' children.

12. Relatives of the half blood shall take equally with those of the whole blood in the same degree; and representatives of such relatives shall take in the same manner as the representatives of the whole blood.

13. Descendants and next of kin of the deceased, begotten before his death, but born thereafter, shall take in the same man ner as if they had been born in the lifetime of the deceased, and had survived him.

The preceding provisions respecting the aistribution of estates do not apply to the personal estates of married women, but their husbands may demand, recover, and enjoy the same as they are entitled by the rules of the common law.

When administration is granted to any person not the widow of or next of kin to a deceased person, and no one shall appear

to claim the personal estate of the deceased within two years after such letters were granted, the surplus of such estate, which would be distributed as aforesaid, shall be paid into the Treasury of the State, for the benefit of those who may thereafter appear to be entitled to the same.

In addition to the provisions in favor of the widow and minor children from the personal estate of her husband, it is provided, that she may tarry in the chief house of her husband forty days after his death whether her dower be sooner assigned or not, without being liable to any rent for the same, and in the mean time she shall have her reasonable sustenance out of the estate of her husband. This sustenance is to be provided out of the personal property of the husband, and through the executor or administrator, if one be appointed prior to the expiration of the forty days, and is to be given, according to the circumstances and station in life of the family, to the widow and necessarily to the children dependent on her, for it is impossible to separate the widow from her infant children.

In providing this sustenance, the executor or administrator must exercise judgment and discretion in the same manner as in paying funeral expenses. Thus if the estate be abundant to pay all debts without doubt, items of mourning clothing for the widow and family may be included in the charges for sustenance; while if the estate be involved, and the question should arise as against creditors, bare necessaries only could be allowed.


PARTNERSHIP is a voluntary contract of two or more persons to unite their money, effects, labor and skill, or some or all of them, as may be agreed upon, for the purpose of carrying on a specified business, with the understanding that both shall share the profit and loss arising from the same in certain proportions.

There may be a partnership in a single transaction as well as in a continuing business; between persons out of trade as well as in; inasmuch as in either case there may be a combination of property or labor in order to a common undertaking and a common profit.

If one advances money, and another furnishes personal services in carrying on a business, and is to share in the profits, it amounts to a partnership. So, if one participates in the profits and less of a purchase or sale, he is partner in the same.

There are five kinds of partners, viz.: 1, Ostensible: 2, Nominal 3, Dormant: 4, Special; and 5, General.

Ostensible partners are they whose names appear to the public 8 partners.

Nominal partners are they who have no interest in the business, but allow their names to be used by the firm.

Dormant (or silent) partners are they who have an interest in the business, but whose names are not known to the public.

Special partners are they who are interested in the business only to the amount of capita. they have invested in it. [Special partnerships are governed altogether by statute, and can only be entered into by strictly conforming to the statute regulations of the State where the partnership is formed-each State, as a general thing, having its own regulations for this delicate kind of partnership. No prudent man should form such a parternership without consulting a sound lawyer.]

General partners consist generally of one or more partners who manage the business, while the capital, in whole or in part, but principally in part, is supplied by a special partner or partners. General partners are liable for all the debts and contracts of the firm. A nominal partner is liable for all the debts and contracts of the firm. A special partner is generally liable only for the amount of the capital he invests in the partnership.

Any one who permits his name to be used in a firm, or who shares in the profit of the business, is liable to creditors as a partner.

Each individual in a partnership is liable to the whole amount of the debts of the firm, whether he be active, nominal or dormant.

The acts of one partner bind all the others, when such acts are done in the usual course of business of the firm. This stands good, although they may have agreed among themselves that he shall have no such authority.

When parties have a mutual interest in the profit and loss of any business carried on by them, and when they hold themselves out to the public as joint traders, they may be held responsible as partners by third persons, whatever may be the real nature of their connection.

Articles of Copartnership.

Articles of copartnership, made this 12th day of September, 1863, by and between E. D. and H. A., both of the city of Albany.

The said parties hereby agree to form and do form a copartnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually

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