account, be barred of her dower; and any woman residing out of the state shall be entitled to dower of the lands of her deceased husband, lying in this state, of which her husband died seized; and the same may be assigned to her or recovered by her, in like manner as if she and her deceased husband had been residents within the state at the time of his death.

Sec. 21. No woman who shall be endowed of any lands shall commit or suffer any waste on the same; but every woman so endowed shall maintain the houses and tenements, with the fences and appurtenances, in good repair, and shall be liable to the person having the next immediate inheritance therein for all damages occasioned by any waste committed or suffered by her.

Sec. 22. A widow who, at the time of her husband's death, shall be living therewith and not owning in her own right a residence suitable to her condition in life, may remain in the dwelling-house of her husband after his death so long as she remains a widow, without being chargeable with rent, and shall have her reasonable sustenance out of the estate for three years.

Sec. 23. Whenever, in any action brought for the purpose, a widow shall recover her dower in lands of which her husband shall have died seized, she shall be entitled also to recover damages for the withholding of such dower.

Sec. 24. Such damages shall be one-third part of the annual value of the mesne profits of the lands in which she shall so recover her dower, to be estimated, in a suit against the heirs of her husband, from the time of his death, and in suits against other persons, from the time of her demanding her dower of such persons.

Sec. 25.

Such damages shall not be estimated for the use of any permanent improvements, made after the death of her husband, by his heirs, or by any person claiming title to such lands.

Sec. 26. When a widow shall recover her dower in any lands alienated by the heir of her husband, she shall be entitled to recover of such heir, in a civil action, her damages for withholding such dower from the time of the death of her husband to the time of the alienation by the heir, not

exceeding six years in the whole; and the amount which she shall be entitled to recover from such heir shall be deducted from the amouut she would otherwise be entitled to recover from such grantee, and any amount recovered as damages from such grantee shall be deducted from the sum she would otherwise be entitled to recover from such heir. Sec. 27. When the widow shall have accepted an assignment of dower in satisfaction of her claim upon all the lands of her husband, it shall be a bar to any further claim of dower against the heir of such husband, or any grantee of such husband, unless such widow shall have been lawfully evicted of the lands so assigned to her as aforesaid.

Sec. 28. When a widow, not having right to dower, shall, during the infancy of the heirs of her husband, or any of them, or of any person entitled to the lands, recover dower by the default or collusion of the guardian of such infant heir or other person, such heir or other person, so entitled, shall not be prejudiced thereby; but when he comes of full age he shall have an action against such widow to recover the lands so wrongfully awarded for dower.

Sec. 29. When any married woman, seized in her own right of any estate of inheritance in lands, shall die leaving no issue, the lands shall descend to her surviving husband during his natural lifetime as tenant by curtesy, and after his decease to her father. If she shall have no father, her estate shall descend to her mother. If she shall have no father nor mother, her estate shall descend in equal shares to her brothers and sisters and to the children of any deceased brother or sister, by right of representation; Provided, That if the wife at her death shall have issue by any former husband to whom the estate might descend, such issue shall take so much of the same as has not come to her as a gift from her surviving husband, discharged from the right of the surviving husband to hold the same as tenant by curtesy; Provided, That if the wife at her death shall have issue by her surviving husband alone, or if she have issue by a former husband and issue also by her surviving husband, then the surviving husband on the death of his wife shall hold as tenant by curtesy only one-third interest in the inheritance of his own issue by said deceased wife.

TITLE TO REAL PROPERTY BY DESCENT.

Sec. 30. When any person shall die seized of any lands, tenements, or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in the manner following: First. In equal shares to his children, and to the lawful issue of any deceased child by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all the said descendants are in the same degree of kindred to the intestate, they shall have the estate equally; otherwise they shall take according to the right of representation. Second. If he shall have no issue, his estate shall descend to his widow during her natural lifetime, and, after her decease, to his father; and if he shall have no issue nor widow, his estate shall descend to his father. Third. If he shall have no issue, nor widow, nor father, his estate shall descend in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation; Provided, That if he shall have a mother also, she shall take an equal share with his brothers and sisters. Fourth. If the intestate shall leave no issue, nor widow, nor father, and no brother nor sister living at his death, his estate shall descend to his mother, to the exclusion of the issue, if any, of the deceased brother and sister. Fifth. If the intestate shall leave no issue, nor widow, and no father, mother, brother, nor sister, his estate shall descend to his next of kin, in equal degree, excepting that when there are two or more collateral kindred in equal degree but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote; Provided, how= ever, Sixth. If any person shall die, leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child, by inheritance from such deceased parent, shall descend in equal shares, to the other children of the same parent and to the issue of any such other children who

shall have died, by right of representation. Seventh. If, at the death of such child who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child, by inheritance from his said parent, shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally; otherwise they shall take according to the right of representation. Eighth. If the intestate shall leave a widow, and no kindred, his estate shall descend to such widow. Ninth. If the intestate shall have no widow, nor kindred, his estate shall escheat to the people of this state.

*Sec. 31. Every illegitimate child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child, and shall in all cases be considered as an heir of his mother, and shall inherit his or her estate in whole or in part as the case may be, in the same manner as if he had been born in lawful wedlock; but he shall not be allowed to claim, as representing his father or mother, any part of the estate of his or her kindred, either lineal or collateral, unless, before his death, his parents shall have intermarried and had other children, and his father, after such marriage, shall have acknowledged him, as aforesaid, or adopted him into his family, in which case such child and all legitimate children shall be considered as brothers and sisters, etc.

Sec. 32. If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother, or in case of her decease, to her heirs at law.

Sec. 33. The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.

PERSONAL ESTATE.

*Sec. 176. When any person shall die possessed of any personal estate, or of any right or interest therein not lawfully disposed of by his last will, the same shall be applied and distributed as follows: First, The widow is allowed all articles of apparel and ornament, and wearing apparel and ornaments and the household furniture of deceased, not exceeding in value two hundred and fifty dollars, and other personal property, to be selected by her, not exceeding in value two hundred dollars; and this allowance is made when she receives the provision made for her in the will of her husband as when he dies intestate (without a will). Second, The widow and children constituting the family of the deceased shall have such reasonable allowance out of the personal estate, or out of the income of the real estate, as the court of probate may judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances, which in case of an insolvent estate shall not be longer than one year after granting administration, nor for any time after the dower and personal estate shall be assigned to the widow. And when the personal estate and the income from the real estate shall be insufficient to meet the allowances made, or any other allowance made as provided by law, such an allowance shall be deemed a debt against the estate, to be paid out of the proceeds of the sale of any real estate, and to take its preference for payment next after debts due this state, and before the claims of general creditors. Third, When a person shall die, leaving children under seven years of age, having no mother, or when the mother shall die before the children shall arrive arrive at the age of seven years, an allowance shall be made for the necessary maintenance of such children, until they arrive at the age of seven years, out of such part of the personal estate and the income of such part of the real estate as would have been assigned to their mother if she had been living. Fourth. If, on the return of the inventory of any estate, it shall appear that the value of the saleable estate does not exceed the sum of one hundred and fifty dollars, the probate court may, by a decree for that purpose, assign for the use and support of the widow and children of such