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When Husband

to holt as Tenant

to any other claim for dower during the lifetime of the person so recovering, or who has received satisfaction and given a discharge as aforesaid.

SEC. 3. This act shall take effect and be in force from and after its passage.

From Chapter Sixty-Six of Revised Statutes of 1846.

ESTATES BY THE CURTESY.

(2803.) SEC. 30. When any man and his wife shall be seized by the Curtesy. in her right of any estate of inheritance in lands, the husband 2 Mich. Rep., 93. shall, on the death of his wife, hold the lands for his life, as tenant thereof by the curtesy: Provided, that if the wife, at her death, shall leave issue by any former husband, to whom the estate might descend, such issue shall take the same, discharged from the right of the surviving husband to hold the same as tenant by the curtesy. (b)

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Liability of per

son in possession

From Chapter Sixty-Six of Revised Statutes of 1846.

(2804.) SEC. 31. Every person in possession of land, out of

flood out of which any rent is due, whether it was originally demised in

(b) See Chapter 109; Section 27, of Chapter 85, R. S. of 1846.

served.

fee, or for any other estate of freehold, or for any term of which rent is reyears, shall be liable for the amount or proportion of rent due 17 Mass., 440. from the land in his possession, although it be only a part of what was originally demised.

ered.

(2805.) SEC. 32. Such rent may be recovered in an action of low rent recov debt or assumpsit, and the deed of demise, or other instrument in writing, if there be any showing the provisions of the lease, may be used in evidence by either party to prove the amount due from the defendant.

preceding Sec

(2806.) SEC. 33. Nothing contained in the preceding sections Construction of shall deprive landlords of any legal remedy for the recovery tions. of their rents, whether secured to them by their leases, or provided by law.

estates at will,

ance.

(2807.) SEC. 34. All estates at will or by sufferance, may be Determination of determined by either party, by three months' notice given to and by suffer. the other party; and when the rent reserved in a lease at will is payable at periods of less than three months, the time of such notice shall be sufficient, if it be equal to the interval 17 Mass., 252. between the times of payment; and in all cases of neglect or 2 Pick, 10. refusal to pay the rent due on a lease at will, fourteen days' 2 Gray, 226, 336. notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.

1 Pick., 43.

6 Pick., 339.

Land, etc.

p. 16, 45.
Rev. of 1827, p.

(2808.) SEC. 35. Any alien may acquire and hold lands, or aliens may hold any right thereto or interest therein, by purchase, devise or Woodward Code, descent, and he may convey, mortgage and devise the same, Cass Cole p. 32. and if he shall die intestate, the same shall descend to his heirs ; 272. and in all cases such lands shall be held, conveyed, mortgaged or devised, or shall descend in like manner, and with like effect, as if such alien were a native citizen of this State, or of the United States.

heretofore con

questioned on ac

(2809.) SEC. 36. The title to any lands heretofore conveyed Title to Lands shall not be questioned, nor in any manner affected, by reason veyed, not to be of the alienage of any person from or through whom such count of allenage. title may have been derived.

etc., may sue for

(2810.) SEC. 37. A person seized of an estate in remainder Remainder- man or reversion, may maintain an action of trespass on the case, injuries to inher for any injury done to the inheritance, notwithstanding any intervening estate for life or years.

itance.

action

(2811.) SEC. 38. One joint tenant or tenant in common, and When joint tenant may mainhis executors or administrators, may maintain an action fortain against co-tenmoney had and received, against his co-tenant, for receiving t more than his just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.

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Mass. R. S., Ch.

61.

How Land, etc., to descend.

Chapter Sixty-Seven of Revised Statutes of 1846. (a)

(2812.) SECTION 1. 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 manner following:

1. In equal shares to his children, and to the issue of any deceased child by right of representation; and if there be no

(a) For prior laws relative to Title by Descent, see Code of 1820, p. 29; Revision of 1827, p. 64 ; Code of 1833, p. 308; R. S. 1838, p. 267.

to descend.

child of the intestate living at his death, his estate shall How Lands, etc., 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 share the estate equally; otherwise they shall take according to the right of representation;

2. If he shall leave no issue, his estate shall descend to his widow during her natural lifetime, and after her decease, to his father; and if he shall leave no issue or widow, his estate shall descend to his father;

3. If he shall leave 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 leave a mother also, she shall take an equal share with his brothers and sisters;

4. 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 deceased brothers or sisters;

5. 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, however:

6. 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;

7. If at the death of such child who shall die under age, and 12 Mass., 490. 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;

Illegitimate chil

dren to inherit from mother.

Estate of illegiti

mate child, to 4 Pick., 93.

8. If the intestate shall leave a widow and no kindred, his estate shall descend to such widow;

9. If the intestate shall leave no widow nor kindred, his estate shall escheat to the People of this State, for the use of the Primary School Fund.

(2813.) SEC. 2. Every illegitimate child shall be considered as an heir of his mother, and shall inherit her estate, in like manner as if born in lawful wedlock; but shall not be allowed to claim, as representing his mother, any part of the estate of any of her kindred, either lineal or collateral.

(2814.) SEC. 3. If any illegitimate child shall die intestate, whom to descend. without lawful issue, his estate shall descend to his mother; if she be dead, it shall descend to the relatives of the intestate on the part of the mother, as if the intestate had been legitimate.

When child to be considered legitmate.

Cass Code, 112.

Computation of degrees of kin

(2815.) SEC. 4. When, after the birth of an illegitimate child, his parents shall intermarry, and his father shall, after the marriage, acknowledge him as his child, such child shall be considered as legitimate to all intents and purposes.

(2816.) SEC. 5. The degrees of kindred shall be computed dred; Half blood according to the rules 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 come 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.

1 Paige, 502.

Effect of advancement.

1 Pick., 161.

When heir ad

vanced to be ex

tribution.

(2817.) SEC. 6. Any estate, real or personal, that may have been given by the intestate in his lifetime, as an advancement to any child or other lineal descendant, shall be considered as a part of the estate of the intestate, so far as it regards the division and distribution thereof among his issue, and shall be taken by such child or other descendant towards his share of the estate of the intestate.

(2818.) SEC. 7. If the amount of such advancement shall clede from dis- exceed the share of the heir so advanced, he shall be excluded from any further portion, in the division and distribution of the estate, but he shall not be required to refund any part of such advancement, and if the amount so received shall be less than his share, he shall be entitled to as much more as will give him his full share of the estate of the deceased.

Advancement, how estimated.

(2819.) SEC. 8. If such advancement be made in real estate, the value thereof shall, for the purposes mentioned in the preceding section, be considered a part of the real estate to be

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