Abbildungen der Seite
PDF
EPUB

Sec. 11. L'pon the rendering of a final decree on such a petition prescribing the manner in which the dower shall be assigned, the court rendering the same shall appoint three disinterested men, who shall have and exercise the same duties and powers and in the same manner and under the same restrictions as though they were appointed to set off dower in an action of dower according to the provisions of this act; and their report being made to said court, like proceedings shall be had thereon and with like effect as in an action of dower: provided, however, that no damages shall be allowed on such petition for detention of dower; and provided further, that no appeal shall be had from any decree of any court of probate affirming any report made to them by the men appointed by them to set off dower as aforesaid.

Sec. 12. No woman who shall be endowed of any lands, tenements or hereditaments as aforesaid, shall commit or suffer any strip or waste thereon, upon penalty of forfeiting the whole of that part of the estate upon which such strip or waste shall be made, and the damages assessed for waste, to him who has the immediate estate of freehold or inheritance, remainder or reversion, by an action of waste to be brought therefor; and all tenants in dower shall maintain the houses and tenements, with the fences and appurtenances whereof they may be endowed, in good repair during the term, and shall leave them so at the expiration thereof.

Sec. 13. If any estate real or personal be conveyed by deed, or the same be devised or bequeathed for the jointure of the wife in lieu of her dower, to take effect in her own possession immediately on the death of her husband and to continue during her life, or in fee, determinable by such acts only as would forfeit her dower at the common law, such conveyance shall bar her dower of the residue of the lands, tenements and hereditaments, which her said husband at any time possessed; but if the said conveyance was before marriage and during the infancy of the woman, or after marriage, in either case the widow may, at her election, waive such jointure and demand her dower; provided the same be done in writing within twelve months after the probate of the will, if there be one, and if not, then within twelve months after the granting of letters of administration on her deceased husband's estate.

Sec. 14. When any conveyance or devise intended to be in lieu of dower shall, through any defect, fail to be a legal bar thereto, and the widow availing herself of such defect

shall demand her dower, the estate so conveyed with intention to bar her dower shall thereupon cease and determine.

Sec. 15. If any widow be lawfully expelled or evicted from her jointure, or any part thereof, without any fraud or covin, by lawful entry or action, she shall be endowed of so much of the residue of her husband's lands, tenements and hereditaments, whereof she was dowable, as the same lands, tenements or hereditaments, wherefrom she was so evicted and expelled shall amount and extend to.

Sec. 16. Widows may bequeath the crops as well of their dower, as of their other lands and tenements; and if any widow shall erect any fence on or around her dower land, her executors or administrators may enter thereon and remove the same, doing as little damage as may be to the freehold, at any time within six months after the death of such widow.

An Act concerning Partition and Estates holden in Common

and in Joint Tenancy.

SECTION

SECTION 1. Joint tenants and tenants in common 7. In case of appeal, supreme court after

in fee in possession, compellable to judgment for partition to appoint com.

make partition by writ of partition. I missioners, and proceed as court of 2. Joint tenants and tenants in common common pleas.

for life or years, compellable to make 8. Costs in partition to be in the discrepartition during the continuance of tion of the court.

their estates, by writ of partition. 9. Omission of a party not to abate ac3. Partition between tenants of the fee tion, but omitted person to be sum

and tenants for life or years may be moned and his name inserted in the compelled by writ of partition to con process. tinue during the shortest estate-if 10. Each plaintiff may have his share set tenant in reversion join with tenant off by itself. for life or years in compelling parti- 11. Each defendant may answer separatetion, partition to be of the fee-such ly and have his share set off by itself. suit not to abate by the death of the 12. Suit in partition not to abate by the tenant for life or years.

death of either plaintiff or defendant; 4. If defendant in partition reside out of but heirs at law to be cited in.

the state, copy of writ to be left with 13. If plaintiff allege that any of his cotenant-if such defendant live within tenants are unknown to him, court to the United States and do not appear order notice to such unknown parties the first term, cause to be continued, by advertisement or otherwise. and agent to be appointed by court to 14. In cases where all parties are not attend to his interests.

known, the shares of the unknown 5. If defendant be infant, &c., without parties to be left undivided, and the

guardian, court to appoint a guardian shares of the known parties only set ad litem.

off. Either party may appeal from judg- 15. In actions for possession one or more ment of court of common pleas for tenants in common, &c., may sue for partition in two days after judgment, his separate right-and so for mesne but not after-one or more commis

profits. sioners to be appointed and sworn to 16. All conveyances to more than one make partition agreeably to the judge shall not convey a joint tenancy unment, after notice to the parties--their less it be expressly stated in the conreport when accepted to be final.

veyance to be so intended.

It is enacted by the General Assembly, as follows:

SECTION 1. All joint tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate of inheritance in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, by writ of partition.

Sec. 2. All joint tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, to continue until the estate of some of the parties to the same shall determine, and no longer, by writ of partition.

Sec. 3. All joint tenants, coparceners and tenants in common, who now are or hereafter may be'actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, with others who have estates of inheritance in possession in the same lands, tenements and hereditaments, may compel or be compelled to make partition of such lands, tenements and hereditaments, to continue until the estate of some of the parties shall determine, and no longer, by writ of partition ; but if the tenant in reversion or remainder in fee join with the said tenant for life or years in compelling partition of any such lands, tenements or hereditaments, against the other co-tenants, the partition shall be of the whole estate and binding on the heirs and assigns of all parties ; and no such action shall abate by the death of the tenant for life or years, or the expiration of the term of years; but the surviving plaintiff may prosecute the said action to final judgment and exe

cution.

Sec. 4. When any person named defendant in such writ of partition shall not be an inhabitant of this state, and by reason of his absence cannot be personally summoned to answer thereunto, legal service of said writ shall be made by leaving a copy thereof with the tenant in possession (if any there be) of the estate, whereof partition is demanded ; and if the said person named defendant as aforesaid shall live within the United States and shall not appear at the court to which said writ shall be returnable, to defend the same, the action shall be continued one term; and in such case, if the defendant does not then appear, it shall be the duty of the court to

STON 1.
Oce, who not

sessed of an for heredit

Fires, me a of such

[graphic]
[ocr errors]

mand her dower, the estate so conveyed
bar her dower shall thereupon cease and de
c. 15. If any widow be lawfully expelled or
jointure, or any part thereof, without any f
lawful entry or action, she shall be endowed
the residue of her husband's lands, tenemente
ments, whereof she was dowable, as the same
or hereditaments, wherefrom she was so evic
shall amount and extend to.

Sec. 16. Widows may bequeath the cro
dower, as of their other lands and tenements -
shall erect any fence on or around her dower
tors or administrators may enter thereon
same, doing as little damage as may be to the
time within six months after the death of such

[ocr errors]
[ocr errors]
[ocr errors]

It is enacted by the General Assembly, as follous:

SECTION 1. All joint tenants, coparceners and a s I common, who now are or hereafter may be actualt e i or possessed of any estate of inheritance ZIT HAK HRments or hereditaments, in their own right cate -I I their wives, may be compelled to make In der them of such lands, tenements and bereizten IT VII partition.

Sec. 2. All joint tenants, coparcenes and plants common, who now are or hereafter may be awal - T possessed of any estate for life or years ir at mis. PIEments or hereditaments, in their own r

te Ii their wives, may be compelled to make IP tra of such lands, tenements and hereditaments 1 STALANE the estate of some of the parties to the same sinal entide and no longer, by writ of parution.

Sec. 3. All joint tenants, cogarcasm an. ZE II 10mon, who now are or hereafter met 'a

TM sessed of any estate for life or Tears I T 2 5. Dr. or hereditaments, in their own r e nt: 1 r ter wives, with others who have estets c MTZ I ES ion in the same lands, tenements T e am TIFE" "TIpel or be compelled to make pedal SUI AMe. Piements and hereditaments, to

o u ciri tie ar rame of the parties shall determine, and 10 11 I" TI jar tition ; but if the tenant in rerersm renampning on with the said tenant for life or Teart II Choling jaran of any such lands, tenements or hereditate. ung le other co-tenants, the partition slral be o tie TIE Fie and binding on the heirs and assigns of al' pazzes: w 1, such action shall abate by the death of the term ix ite r seare, or the expiration of the term of rears: 177," plait tiff may prosecute the said action to Íne e r and etecution.

Sec. 4. When any person bamei defestar in such writ of partition shall not be an inhabitant o bile state, and bi reason of his absence cannot be DETIT sumimoted to an swer thereunto, legal service of and wr stall be made by leaving a copy thereof with the tenant in POSISION (1any there be) of the estate, whereof partition w demanded, and

deif the said person named defendant as aforestid small free ; or within the United States and stal nut appear at the court to

swers which said writ shall be returnate, to define theme, the i them action shall be con

ction is fendant does

each de

[graphic]
« ZurückWeiter »