215. The Mother and her Relations.-The mother shares equally with the brothers and sisters and their issue, if any. The mother's relations share equally with the father's relations.(j) But relationship by marriage, except in the case of a wife, gives no title to a share of the intestate's estate under the Statute of Distributions. Therefore if the intestate had a son and daughter, and they both die—the former leaving a wife, and the latter a husband-upon the intestate's death afterwards such husband and wife have neither of them any claim on the estate.(k)

216. Per Capita and Per Stirpes.-These terms operate in English law in the same way as in the law of Scotland, excepting (1) that by the English law representation is not carried beyond brothers' and sisters' children; and (2) that among collaterals there is what is termed taking quasi by representation. Thus, where all the brothers and sisters of the intestate are dead, a mother of the intestate is entitled along with the children of the deceased brothers and sisters: in such case, likewise, the child or children of a deceased brother or sister take quasi by representation, the same share which the parent, if living, would have taken. The representation is created by the mother taking an original share in her own right. Uncles and aunts, although in the same degree of relationship as such children to the intestate, are excluded from claiming with such children, because they cannot claim otherwise than in their own right.()

217. Hotchpot.-To bring into hotchpot means to mass the property to be divided. The term corresponds generally with "collation" in Scotch law, with this exception, that in England the heir-at-law is entitled to an equal share of the personal estate with the rest of the children without bringing into hotchpot the value of his real estate; while in Scotland, the heir-at-law has not that privilege. If he claims legitim or a share of the dead's part, he must collate the heritable estate with the rest of the children.(m)

218. Advancement.-An advancement is a provision which may (in the shape of land, freehold and copyhold, charges on land, or money) be made by a father (but not by a widow) in his life

(j) Pat. Comp. p. 250.

(k) Williams' Executors, 1151. For rules in Scotch Law, see § 88.

(1) Mascall's Digest, p. 78. For rules in Scotch Law, see § 125.

(m) Pat. Comp. p. 249. For rules in Scotch Law, see §§ 120-123.

time in favour of his child, by such an act (not being a will) as will completely divest him of the property. The advancement may be complete or partial: complete when it is equal in amount to the share of the intestate's personal estate which the child in question would have been entitled to along with the other children, and partial when it is of less amount than such share. If the child be content with what he has got, he can keep it, however much it exceeds his distributive share; but if not content, he must bring into hotchpot what he before received. A child advanced by a father in his life, or provided for in a will, cannot be called on to bring his share into hotchpot. If such child die in his father's lifetime, leaving children, such children shall not be entitled to their father's distributive share unless they bring in his advancement, since as his representatives they can have no better claim than he would have had if living. A child advanced in part shall bring in his advancement only among the other children: the widow shall not benefit by it.

The heir-at-law does not abate in respect of the land coming to him by descent or otherwise from the intestate, but if he receives an advancement out of the personal estate he must abate for it like the other children.(n)

219. Domicile-Is prima facie that place where the deceased had his permanent residence.

The following propositions have been deduced by a high authority from the adjudged cases(0):—

1. Though a man may have two domiciles for some purposes, he can only have one for the purpose of succession.

2. The original domicile, or, as it is called, the domicile of origin (arising from a man's birth and connections), is to prevail until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicile, and taking another as his sole domicile.

3. The proposition last stated is equally true of an acquired, as of an original domicile. The domicile of origin having been abaudoned and a new domicile acquired, the new domicile may be abandoned and a third domicile acquired. But an acquired domicile cannot be lost by mere abandonment, but continues until the intention of another change of domicile is carried into execution.

(n) Williams' Executors, 1500. For rules in Scotch Law, see § 111.

(0) Williams' Executors, 1517. For rules in Scotch Law, see § 81.

Again, the domicile of origin does not revive until an acquired domicile has been abandoned animo et facto.

4. A new domicile cannot be acquired by a party's own act during pupilage, nor until the party is sui juris. Accordingly a married woman, though living apart from her husband, has no power to change her domicile.

5. By marriage the domicile of the husband becomes that of the wife, and she retains it after the death of her husband.

6. After the death of the father, children remaining under the care of the mother follow the domicile which she may acquire, and do not retain that which their father had at his death until they are capable of gaining one by acts of their own.

The Act(p) regulating the domicile of British subjects dying whilst resident abroad, and foreign subjects dying whilst resident in this country already referred to,(q) is applicable to the United Kingdom.

The above propositions might be taken as also deducible from the decided cases in the law of Scotland; and, in illustration of these, reference may be made to the cases noted in the Scotch law on the subject of domicile(r).

220. Domicile regulates Distribution.-In England as in Scotland, personal property is distributable according to the law of the country where the deceased was domiciled, but the administration of the estate must be in the country in which possession of it is taken and held under lawful authority.(s)

DISTRIBUTION OF PERSONAL ESTATE.

221. The Law under the Statutes.-The disposal of the personal estate of intestates is regulated by the Statutes 22 & 23 Car. 2 c. 10, 29 Car. 2 c. 3, 1 Jac. 2 c. 17, and 19 & 20 Vict. c. 94.

The Married Women's Property Acts of 1870, 1874, and 1882, while they effect great changes on the status of married women in regard to property, do not appear to take away the former rights of the husband in the event of his wife dying intestate. It would seem that the husband is still entitled to the whole of his wife's personal property on her death intestate, to the exclusion of her

(p) 24 & 25 Vict. c. 121.

(q) § 82.

(r) § 82.

(s) Williams' Executors, 1517. For rules in Scotch Law, see § 82.

next-of-kin. The Act of 1882, which consolidates and amends the two former Acts, certainly makes sweeping changes on the common law. In regard to property acquired by her own industry, or given or bequeathed to her by others, it makes a married woman independent of her husband; it gives her the same rights to and powers over it as if she were single. She may carry on any trade or business on her own account, and dispose of the proceeds as she pleases. She may even take up house for herself and live apart from her husband, and her husband will not be able to interfere with her freedom of action without the aid of the Divorce Court. But even that Court will not give the husband any right to touch his wife's property; it will only ordain her to reside with him under the same roof, but it will not compel her to give him any part of her earnings or her property.

The first-mentioned Act, commonly called the Statute of Distribution, is the leading Act in the English succession law.

After providing for caution being found by administrators-i.e., executors-dative-it proceeds (§ 3) to enact that the ordinaries (or Sheriffs) shall have power to call administrators to account, and to order and make just and equal distribution of what remaineth clear (after all debts, funeral, and just expenses of every sort first allowed and deducted) amongst the wife and children, or children's children, if any such be, or otherwise to the next of kindred to the dead person in equal degree, or legally representing their stocks pro suo cuique jure according to the laws in such cases, and the rules and limitations herein set forth."

Section 4 provides that the customs of London and York shall not be prejudiced.

Section 5 provides "That all ordinaries, and every other person who by this Act is enabled to make distribution of the surplusage of the estate of any person dying intestate, shall distribute the whole surplusage of such estate or estates in manner and form following that is to say,-one-third part of the said surplusage to the wife of the intestate, and all the residue, by equal portions, to and amongst the children of such persons dying intestate, and such persons as legally represent such children, in case any of the said children be then dead, other than such child or children (not being heir-at-law) who shall have any estate by the settlement of the intestate, or shall be advanced by the intestate in his lifetime, by portion or portions equal to the share which shall by such distribution be allotted to the other children to whom such distribu

tion is to be made; and in case any child other than the heir-atlaw, who shall have any estate by settlement from the said intestate, or shall be advanced by the said intestate in his lifetime by portion not equal to the share which will be due to the other children by such distribution as aforesaid then so much of the surplusage of the estate of such intestate to be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the lifetime of the intestate, as shall make the estate of all the said children to be equal, as near as can be estimated; but the heir-at-law, notwithstanding any land that he shall have by descent or otherwise from the intestate, is to have an equal part in the distribution with the rest of the children, without any consideration of the value of the land which he hath by descent or otherwise from the intestate."

Section 6 provides-" And in case there be no children, nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate who are in equal degree, and those who legally represent them."

Section 7 provides—“That there be no representations admitted among collaterals after brothers' and sisters' children, and in case there be no wife, then all the said estate to be distributed equally to and amongst the children; and in case there be no child, then to the next-of-kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever."

Section 8 provides that "To the end that a due regard be had to creditors that no such distribution of the goods of any person dying intestate be made till after one year be fully expired after the intestate's death, and that each and every one to whom any distribution and share shall be allotted shall give bond with sufficient sureties, in the said Courts, that if any debt or debts truly owing by the intestate shall be afterwards sued for and recovered, or otherwise duly made to appear, that then, and in every such case, he or she shall respectively refund and pay back to the administrator his or her rateable part of that debt or debts, and of the costs of suit and charges of the administrator, by reason of such debt, out of the part and share so as aforesaid allotted to him or her thereby to enable the said administrator to pay and satisfy