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Sec. 14. That where estates, of which a woman is dowable,
are entire, and where no division can be made by metes, or May be endowed of rente
bounds, dower thereot shall be assigned in a special manner, as of a third part of the rents, issues and profits, to be computed and ascertained in manner aforesaid.
Sec. 15. That no woman who shall be endowed of any lands, Waste forfeits
tenements or hereditaments as atoresaid, shall wantonly commit, dower or suffer any waste thereon, under the penalty of forfeiting
that part of the estate, in which such waste shall be made to him or them that have immediate estate of inheritance in remainder or reversion, to be recovered in action of waste.
Sec. 16. That all laws and parts of laws, heretofore passed
on the subject of dower, be, and the same are hereby repealed. repealed
This act shall take effect and be in force from and alter the
first day of June next. Bffect
Speaker of the Senate.
All prior laws
AN ACT regulating descents, and the distribution of personal estates.
cents of real es
Course of des Sec. 1. Be it enacted by the General Assembly of the State of tates of inherit Ohio, That when any person shall die intestate, having title or ance which have right to any real estate of inheritance in this State, wbich title cone by descent, devise or deed or shall have come to such intestate hy descent, devise, or deed of gift from an an gitt, from any ancestor, such estate shall descend and pass in cestor
parcenary to his or her kindred, in the following course: First, To the children of such intestate, or their legal representatives: Second, If there be no children or their legal representatives, the estate shall pass to the brothers and sisters of the intestate, who may be of the blood of the ancestor from whom the estate came, or their legal representatives, whether such brothers and sisters be of the whole or the ball blood of the intestate: Third, If there be no brothers or sisters of the intestate, of the blood of the ancestor from whom the estate came, or their legal representatives, and if the estate came by deed of gist, from an ancestor who may be living. the estate shall ascend to such an. cestor: Fourth, It the ancestor from whom the estate came be deceased, the estate shall pass to the brothers and sisters of such ancestor, or their legal representatives; and for wapt of such brothers or sisters, or their legal representatives, to the brotbers and sisters of the intestate of tbe half blood, or their legal representatives, though such brothers and sisters be not. of the blood of the ancestor from whom the estate came: Fifth,
of kin, or if kin or being he aliens,
If there be no brothers or sisters of the intestate, or their legal represeutatives, the estate shall pass to the next of kin to the intestate of the blood of the ancestor from whom the estate came. Sec. 2. That if the estate came not by descent, devise, or Estates Otitel.
wise derived, deed oi gift, it shall descend to the children of the intestate, and shall descend to
children their legal representatives.
Sec. 3. That if there be no children, or their legal repre- If no children, sentatives, the estate shall pass to the brotbers and sisters of the then to the bro
thers and sisters intestate of the whole blood, and their legal representatives. of the whole
Sec. 4. That if there be no brothers or sisters of the intestate of the whole blood, or their legal representatives, the estate such, then to shall pass to the brothers and sisters of the ball blood, and their those of the half legal representatives.
See. 5. That if there be no brothers or sisters of the intes. None of hair tate of the balf blood, or their legal representatives, the estate blood, estate
shall ascend to shall ascend to the father: if the father be dead, then to the father, &c. mother. Sec. 6. That is the father and mother be dead, the estate Parents dead,
Hestate then to next of shall pass to the next of kin to, and of, the blood of the intestate. kin
Sec. 7. That when any person shall die intestate, or who If there be none has heretofore died intestate, leaving no one of kin of the blood or of such intestate; or if the kin or beirs of the blood of suci in the estate shalk testate be aliens, residing out of this Stute; the estate of such vest in humani
or wife intestate shall pass tu, and be vested in, the husband or wife, relict of such intestate, unless such alien or aliens shall appear and prosecute nis, her, or their claim, within ten years after the death of such intestate: Provided, That the alien beir of any intestate who has heretofore died, shall be allowed fifteen years from the death of such intestate, to assert his or her claim to the estate of such intestate.
Sec. 8. That when any person shall die intestate, having ti- When tle or right to any real estate, and there shall be no person en- tled to inherit, es titled to inherit the same, by the provisions of this act, the said tate shall escheat real estate shall escheat to, and vest in, the State.
Sec. 9. That if any person shall die intestate, leaving any goods, chattels, or other persobal estate, such goods, chat.
of intestates,how tels, or other personal estate, shall be distributed agreeably to distributed the foregoing course prescribed ior the descent of estates, which came not to the intestate by descent, devise, or gist; saving, bowever, such rights as any widow may have to any portion of such personal estate: Provided, That if there shall be no per. On failure of son entitled to inherit, agreeably to the provisions of this act, heirs, personal such personal estate shall pass to, and vest in, the State: and it vest in the State shall be, and is hereby made the duty of the prosecuting attor ney of the county in which letters of administration were or may be granted upon such estate, to collect the same and pay it over to the treasurer of State.
Sec. 10. That where any of the before mentioned children, w brothers, sisters, or their legal representatives, in the same de-take per capita
good Bastards may in
gree of consanguinity or kindred, come into partition of any real estate, they shall take per capita: but where one or more of them are dead, and one or more of them are living, the issue of
those dead shall have a right to partition; and such issue, in When per stirpes
such case, shall take per stirpes.
Sec. 11. That if any child or children of the intestate, or their cement, issue, shall bave received from the intestate in his life time, any low considered ön partition
real estate by way of advancement, the value of such real es. tate, at the time of such advancement, shall be considered as part of his or her share on partition, unless such value shall be greater than bis share of the estate descended, and then such advancement shall be considered as his or ber full sbare; and the estate descended as aforesaid, shall be equally divided
amongst the other heirs of the intestate. Descent through
ch Sec. 12. That in making title by descent, it shall be po bar alien ancestor to a party, that an ancestor through whom he or she derives his
mar in or her descent from the intestate is, or hath been an alien: Basherit from mo- tards shall also be capable of inheriting, or of transmitting in
heritance on the part of their mother, in like manner as if they had been born in lawful wedlock.
Sec. 13. That where a man, having by a woman one or more Bastards born, le children, shall afterwards intermarry with such woman, such gitimated by in child or children, if recogoized and acknowledged by him as termarriage of parents, $ c. bis child or children, shall be thereby legitimated: the issue
also of marriages deemed pull in law, shall nevertheless be le
and Sec. 14. That nothing in this act shall be so construed, as to ** dower not affect affect the right which any person may bave to any estate by the ed by this act courtesy or in dower in
courtesy or in dower, in any estate of inheritance of any de. ceased person.
Sec. 15. That the act, entitled "An act regulating the course Act repcaled of descents and distribution of personal estates," passed Feb.
ruary eleven, eighteen hundred and twenty-four, be, and the
same is hereby repealed: Provided, T'hat the repeal of said act Proviso saving rights acquired shall not in any way affect the rights of any person derived un.
der said act.
This act to take effect and be in force from and after the first day of June next.
JAMES M. BELL,
Speaker of the Senate.
AN ACT to provide for the partition of real estate.
Sec. 1. Be it enacted by the General Assembly of the State of
Ohio, That all joint tenants, tenants in common and coparcemon, and copar- ners of any estate, in lands, tenements or hereditaments, within
Joint tenants, tenants in coma.
this State, may be compelled to make, or suffer partition of such ceners may be estate or estates, in manner hereinafter prescribed: and where compelled ka such estate or estates are situated in one county, the proceedings under this act, shall be had in the court of common pleas, in such county; and where situate in two or more counties, the proceedings under this act, may be had either in the supreme court, when said court shall be in session, in any one of the counties where a part of the premises to be divided shall be situate; or in the court of common pleas, in any one of the counties where a part of sucb premises shall be situate, at the election of tbe demandant of partition,
Sec. 2. That any person or persons entitled to partition of his, her or their estate or estates, under this act, may file his, her Petition to be or their petition, in the court of common pleas, or supreme tile court, as the case may require, praying that partition of such estate or estates may be made; which petition shall set forth the nature of the title of the demandant, the tract or tracts of land, the tenements or hereditaments, of wbich partition is demanded, and also, the name or names and place of residence of each joint tenant, coparcener or tenant in common, with such demandant, if they shall be known to such demandant: and if, on examination, it shall appear to the court, that the demandant hath a legal right to any part of such estate or estates, the court shall proceed, in the term in which such petition may be filed, to order a partition to be made in the manner prescribed by the provisions of this act.
Sec. 3. That the demandant in any petition, shall give notice in some newspaper in general circulation, in each county Notice when and where the lands lie, or shall give personal notice in writing, to how given each and every person concerned, their agent or attorney, at least forty days previously to the term of the court, next after the filing his petition, setting forth the pendency and demand thereof.
Sec. 4. That whenever it shall appear to the court that due court ord notice hath been given, as aforesaid, and no sufficient reason partition shal? shall appear why partition should not be made, the court shall sur proceed to order the partition in favor of such demandant, or all parties in interest, and shall issue their writ, directed to the sheriff of their county; or in case the estate or 'estates, of which partition is sought, shall be situate in more than one county, then to the sheriff of either of the counties in which the estate or estates may be, commanding him, that by the oaths of three judicious and disinterested freeholders of the vicinity, to be named by said court, he cause to be set off and divided to the demandant, or each party in interest in said petition, such part and proportion of such estate or estates, as the court shall have ordered.
Sec. 5. That in making such partition, it sball be the duty Duty of freeho of said freeholders to view and examine such estate or estates, ders making par and on their several oaths or affirmations, set apart the same ini
issue writ to sheriff
How they shall
than one tract
such lot or lots, as will be most advantageous and equitabie,, having due regard to the improvements, situation and quality of the different parts of such estate or estates.
Sec. 6. That when partition of more than one tract is de
har manded in the same petition, said freeholders shall set off to proceed when each of the petitioners, or parties in interest, his proper proporpartition of more tion in each of the several tracts of which partition is demanded, tzdemanded unless the several tracts of wbich partition is demanded shall be
owned by the same proprietors, in the same proportion in each tract; in which case the whole share of any proprietor in, and to all, the several tracts may be set off to such proprietor, according to the best discretion of said freeholders.
Sec. 7. That before a writ shall have issued to the sheriff,
the person or persons of whom partition is demanded, shall have pear in coun' the right of appearing in court, in person or by attorney, and of and consent to consenting to a partition of such estate or estates, agreeably to
the prayer and facts set forth in the petition; which amicable partition made and recorded, shall be valid between the parties thereto.
Sec. 8. That when any writ of partition shall issue, as aforeWhen lands will said, if the freeholders who are directed to make such partition, not rear parichall be of opinion that the estate or estates cannot be divided tion, they shall shall be of opinion that the esta he appraised according to the demand of the writ, without a manifest injury
of the value thereof, the said freeholders shall then make and return to the court a just valuation of such estate or estates: whereupon, if said court shall approve of the said return, and if any one or more of the parties shall elect to take the said estate or estates at such appraised value, the same shall be adjudged to him, her or them, he, she or they, paying to the other party or parties, his, her or their proportion of the appraised value thereof, according to his her or their respective rights; and on payment being made, the sheriff shall, according to the order of the court aforesaid, make and execute conveyances to the party or parties electing to take the same.
Sec. 9. That in case the parties shall not agree, as proviNo one electing ded in the preceding section, and no one or more of them will
e take the said estate or estates on the terms aforesaid, then the hy the sheriff said court may, at the instance of the demandant in the peti
tion, make an order for the sale of said estate or estates, at public auction, by the sheriff who shall have executed the writ
hereinbefore provided, or his successor in office; which sale Sale how con. shall be made and corducted hy such sheriff, in all respects as fücted
is or may be provided for the sale of real estate, by the act regulating judgments and executions, except that it shall not be necessary to appraise said estate or estates previous to such sale: but said estate or estates shall not be struck off or sold by such sheritt, for less than two thirds of the appraised value thereof, returned by the freeholders.
Sec. 10. That on return of the sheriff of his proceedings, the same shall be subject to the examination of the court; and
to take, court shall order a sale