Sec. 1. Sec. 1 of Chap. 67 of the Revised Statues of eighteen hundred and forty-six, entitled "Of title to real property by descent," the same being Sec. 9064 of the compiled laws of eighteen hundred and ninety-seven, is hereby amended to read as follows:

Sec. 1. When any person shall die seized of any lands, tenements or hereditament, 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 following manner:

First-One-third to his widow and the remaining twothirds to his issue, and if he leaves no widow, then the whole thereof to his issue; and if all the said issue 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.

Second-If the intestate shall leave a husband or widow and no issue, one-half of the estate of such intestate shall descend to such husband or widow and the remainder to the father and mother of the intestate in equal shares, and if there be but one of the parents living, then to the survivor alone; and if the intestate shall leave no issue, husband or widow, his or her estate shall descend to the father and mother in equal shares, and if there be but one of the parents living, then to the survivor alone; and if the intestate. shall leave no issue, father or mother, his or her estate shall descend, subject to the provisions herein made for the widow or husband, if a widow or husband survive the deceased, to his or her brothers and sisters and the children of deceased brothers and sisters, and if such persons are in the same degree of kindred to the intestate, they shall take equally, otherwise they shall take by right of representation; provided, however, if such intestate shall die under the age of twenty-one years and not having been married, all the estate that came to such intestate by inheritance from a parent, which has not been lawfully disposed of, shall descend to the other children and the issue of deceased children of the same parent, if there be such children or issue, and if such persons are in the same degree

of kindred to said intestate they shall take equally, otherwise they shall take by right of representation.

Third- If the intestate shall leave no issue, husband, widow, father, mother, brother, sister, nor child of brother or sisfer, 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.

Fourth-If the intestate shall leave a husband or wife and no issue, nor father, mother, brother nor sister, and there be no child of brother or sister, the estate of such intestate shall descend to the husband or wife of such intestate, as the case may be.

Fifth-The provision hereinbefore made for the widow shall be in lieu of her dower and homestead right, unless she shall, within one year after letters of administration have been granted upon the estate of her deceased husband, begin proceedings for the assignment to her of such dower and homestead, in which case her interest in the lands of her deceased husband shall be limited to such dower and homestead, and the residue of such estate shall then descend as herein provided for the portion thereof not taken by such widow.

Provided, That the Judge of Probate may, any time before the estate is closed, upon petition of the widow, after notice to all persons interested, permit the widow to begin proceedings and have her dower and homestead right the same as though she had done so within the year hereinbefore provided, when on account of litigation connected with the estate or the establishment of further claims against the deceased or any other cause, he deems it proper so to do, and said Judge shall, in such order, limit the time. within which the widow shall begin such proceedings.

Provided, further, That in case the administrator shall, after the expiration of the year herein provided and before such order of the court permitting the widow to take her

dower, have sold and conveyed real estate of the deceased, the widow's dower and homestead shall be set off to her out of the lands not so conveyed, but to the amount and value she was entitled to at the death of her husband, if so much remains unsold.

Sixth-If the intestate shall leave no wife nor husband nor kindred, his or her estate, as the case may be, shall escheat to the people of this state for the use of the primary school fund.

Aprpoved June 2, 1909.

To take effect September 1, 1909.

Note:

Subs. 1 and 5-Stearns vs. Perrin, 130 M., 456.

A SYNOPSIS OF THE LAWS OF MICHIGAN

RELATIVE TO THE

DESCENT AND DISTRIBUTION
OF PROPERTY

Prepared by Hon. H. D. Jewell, formerly Judge of Probate of Kent County
Member of the firm of Jewell & Ewing, Grand Rapids, Michigan.

I-REAL ESTATE:

I

An Unmarried Man

(1) If both parents be living, it descends to both in equal shares.

(2) If but one parent be living, it descends to the survivor alone.

(3) If neither father nor mother be living, it descends in equal shares to his brothers and sisters and the children of deceased brothers and sisters; if such persons are in the same degree of kindred to the intestate they take equally, otherwise by right of representation, the children of a deceased brother or sister taking the share which their parent would take if living.

(4) If neither father, mother, brother, sister, nor children of brother or sister be living, it descends to his next of kin in equal degree.

2-PERSONAL PROPERTY:

(1) After the payment of debts it will be distributed in the same manner as real estate.

*

II

An Unmarried Woman

I-REAL EState:

It descends in the same manner as stated in Division I, 2-PERSONAL PROPERTY:

It will be distributed in the same manner as stated in Division I.

(1) If he dies without issue, it descends in the same manner as stated in Division I.

(2) If but one child be living, it descends to the child. (3) If more than one child be living, it descends to all in equal shares.

(4) If a child (or children) and the issue of a deceased child be living, it descends in equal shares to the children and to the issue of any deceased child by right of representation, the issue of the deceased child taking the share which their parent would take if living.

(5) If no child be living, it descends to all his other lineal descendants. If these descendants are in the same degree of kindred to the decedent they share equally; otherwise, they take by right of representation.

2-PERSONAL PROPERTY:

After the payment of debts, administration expenses and allowances, it will be distributed in the same manner as real estate.

I-REAL EState:

IV
A Widow

(1) If she dies without issue, it descends as stated in Division I.

(2) Otherwise, it descends as stated in Division III. 2-PERSONAL PROPERTY:

(1) If she dies without issue, it will be distributed as stated in Division I.

(2) Otherwise, it will be distributed as stated in Division III.

V

A Married Man Without Issue

I-REAL Estate:

(1) If both parents be living, one-half descends to the