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1851.

§ 6. If a man having had a child by a woman, shall afterwards marry her, such child, or its descendants, if recognized by him before or after marriage, shall be deemed legitimate.

§ 7. Any person born within ten months after the death of the intestate, shall inherit from him, in the same manner as if he were in being at the time of such death.

§ 8. When a person dies intestate and without issue, having real estate of inheritance, the gift of either of his parents, such parent, if living, shall inherit the whole of such estate.

§ 9. If an infant dies without issue, having title to real estate derived by gift, devise, or descent from one of his. parents, the whole shall descend to that parent and his or her kindred, as hereinbefore directed, if there is any and if none, then in like manner to the other parent and his or her kindred; but the kindred of one shall not be so excluded by the kindred of the other parent, if the latter is more remote than the grandfather, grandmother, uncles, and aunts of the intestate, and their descendants.

§ 10. No parcener shall have any privilege over another in any election, division, or matter to be done or made, concerning lands which shall have descended to them.

§ 11. Where any person shall die intestate as to his perDistribution of sonal estate, or any part thereof, the surplus, after payment personal estate. of funeral expenses, charges of administration, and debts, shall and be distributed among the same persons, and in the same proportions, to whom and in which real estate is directed to descend, except as follows:

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First. The personal estate of an infant shall be distributed as if he had died after full age.

Secondly. An alien may be a distributee as though he were a citizen.

Thirdly. A husband shall have the whole surplus of a deceased wife's personal estate, except he shall have only a life estate in her slaves.

Fourthly. If the intestate leaves issue, his widow shall have one-third, and if no issue, one-half of such surplus; but he shall have only the use for her life of such slaves as may be in her said third or half.

Fifthly. If an intestate leaves a widow, the following property shall be set apart by the appraisers of the estate, and vest in such widow for the use and benefit of herself and the infant children of the intestate, if any, residing in the family:

One work beast, or yoke of oxen; one plough and gear; one axe; one hoe; two cows and calves; two beds, bedding, and furniture; one loom, and spinning wheels and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the family, necessary for its use; one pot; one oven; half dozen plates; half

dozen cups and saucers; one coffee pot; one tea pot; half
dozen knives and forks; one table; the family bible; one
saddle and its appendages; one bridle; six chairs, or so
many as shall not exceed eight dollars in value; all the
poultry on hand; five head of sheep; and wearing apparel:
also, a sufficiency of provisions, including breadstuff and
animal food, to sustain the widow and infant children re-
siding with her, for one year; and if there is not a suffi-
ciency of provisions on hand for that purpose, then so much
of the live stock suitable for that purpose, and of the grow
ing crop, if any, as may be necessary to supply the defi-
ciency. But if there are no such infant children residing
with the widow, and there are adult or infant children not
residing with her, the provision contained in this section.
for the widow, or the value of such portion thereof as she
receives, shall be charged to her in the distribution.

§ 12. A personal representative may distribute the estate.
of a decedent nine months after his death.

1851.

Widow's TO

§ 13. When a widow claims her dowable and distributable share of her husband's estate, she shall be charged with nunciation, &c. the value of any devise or bequest to her by his will. Or she may, though under full age, relinquish what is given her by the will, and thereupon receive her dower and distributable share, as if no will had been made; but such relinquishment must be made within twelve months after the probate, and acknowledged and left for record with the clerk of the court where probate was made, or acknowledged before two subscribing witnesses, and proved by one of them before and left with the clerk.

Nothing herein shall preclude the widow from receiving her dowable and distributable share, in addition to any devise or bequest made to her by the will, if such is the intention of the testator, plainly expressed in the will, or necessarily inferrable therefrom.

§ 14. Except where a devise or bequest is made to the widow by the will of her husband, not renounced by her, she shall not be deprived of her share of his slaves, though they are emancipated by his will; but she shall be compensated therefor out of his other personal estate, if there is a sufficiency thereof for that purpose, after payment of debts. When only a part of the slaves is set free, her share shall be taken out of those not emancipated, if they are enough. If any part of the slaves set free, is necessary for her share, all of those set free shall be hired out, and the hire paid to her, until she is compensated for her share.

§ 15. The foregoing provisions in favor of the wife are. all subject to this condition: if she voluntarily leaves her husband and lives in adultery, she shall have no part of the personal estate of which he dies intestate, unless her husband, after she so left him, became reconciled to her and suffered her to live with him.

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§ 16. Where the husband separates from the wife and lives apart from her in adultery, and she dies without a reconciliation and cohabitation, he shall have no part of her personal estate as a distributee.

§ 17. Any real or personal property or money, given or Advancements devised by a parent or grandparent to a descendant, shall be charged to the descendant, or those claiming through him, in the division and distribution of the undevised estate of the parent or grandparent, and such party shall receive nothing further therefrom, until the other descendants are made proportionately equal with him, according to his descendible and distributable share of the whole estate, real and personal, devised and undevised.

The advancement shall be estimated according to the value of the property when given.

The maintaining or educating, or the giving of money to a child or grandchild, without any view to a portion or settlement in life, shall not be deemed an advancement.

§ 18. Advancements made to distributees shall not be taken as part of the decedent's personal estate, in estimating the distributable share of the widow therein.

CHAPTER XXVI.

FRAUDULENT CONVEYANCES AND DEVISES.

§ 1. Every gift, conveyance, assignment, or transfer of, or charge upon, any estate, real or personal, or right or thing in action, or any rent or profit thereof, made with the intent to delay, hinder, or defraud creditors, purchasers, or other persons, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with like intent, shall be void, as against such creditors, purchasers, and other persons.

This section shall not affect the title of a purchaser for valuable consideration, unless it appear that he had notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

§ 2. Every gift, conveyance, assignment, transfer, or charge made by a debtor, of or upon any of his estate, without valuable consideration therefor, shall be void as to all his then existing liabilities, but shall not, on that account alone, be void as to creditors whose debts or demands are thereafter contracted, or as to purchasers with notice of the voluntary alienation or charge; and though it be adjudged to be void as to a prior creditor, it shall not therefor be decreed to be void as to such subsequent creditors or purchasers.

§3. Every such voluntary alienation of or charge upon personal property, unless the actual possession, in good faith, accompanies the same, shall be void as to a purchaser

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without notice, or any creditor, prior to the lodging for re-
cord of such transfer or charge be recorded in the office of
the county court for the county where the alienor or person
creating the charge resides.

§ 4. Where any loan of personal property is pretended
to have been made to any person with whom, or those
claiming under him, possession shall have remained for five
years, without demand made and pursued by due process
of law on the part of the pretended lender, or where any
reservation or limitation, by way of condition, reversion,
remainder, or otherwise, is pretended to have been made in
the alienation of such property so possessed, the absolute
right shall be deemed to be with the possession, in favor of
a purchaser without notice, or any creditor of the person
so remaining in possession, unless the written evidence of
the loan, reservation, or limitation be in like manner duly
recorded in the county where the person resides, or is con-
tained in a properly recorded will.

§ 5. A devisee shall be liable for all debts and liabilities of the testator, in the same manner as the heir of the testator would have been liable, if the property devised had descended to the heir.

§ 6. The same actions which lie against the personal representatives, may be brought jointly against him and the heir or devisee of the decedent, or both, and shall not be delayed for the non-age of any of the parties.

§7. The last two sections shall not apply to a devise made in good faith, for the payment of any of the testator's debts, if such devise have not the effect of giving precedence in favor of one creditor to the prejudice of another.

§ 8. When the heir or devisee shall alien before suit brought, the estate descended or devised, he shall be liable for the value thereof, with legal interest from the time of alienation, to the creditors of the decedent or testator; but the estate so aliened shall not be liable to the creditors, in the hands of a bona fide purchaser for valuable consideration.

§ 9. To the extent of assets received, the representative, heir, and devisee of an heir or devisee, shall be chargeable. for the liabilities of either of the latter as such, to the creditors of the original decedent or testator.

§ 10. The heir or devisee may be sued in equity by a creditor, for any liability of the decedent or testator, and he may also, in such suit, if demanded, obtain, by the proper procedure, a lien on any specified property, descended or devised, not theretofore aliened, but not so as to prejudice thereby any other creditor.

1851.

1851.

CHAPTER XXVII.

SURETIES AND CO-OBLIGORS.

§ 1. When a surety or his representative wishes, for good cause, to be relieved from further liability, as such, in the official bond of any officer, he may, by written notice to the officer, require him by a named day to appear and give a new bond, with other surety, before the court in which, or whose clerk's office, the original was given or is kept; or, if not so given or kept in any court or clerk's office, then before the circuit court for the county of the officer's residence.

The officer shall have reasonable notice, of not less than ten days, of such proceeding, if he be within the state. If not within the state, thirty days' notice shall be given, by advertisement posted at the court house door of the county in which he resides or last resided, or by publication in some newspaper printed in the county, if there be any such printed therein, or written notice left at his residence.

§ 2. If a new bond be given, the surety shall not be bound for any act of the principal thereafter. If the officer fail to give a new bond on the day named, or such other reasonable day as the court may prescribe, he shall, by order of the court, be removed from his office.

§3. The surety of any fiduciary, or other person, other than a personal representative or guardian, giving bond, with surety, pursuant to law or order of court, before entering on the duties of his trust or employment, may in like manner be relieved, by requiring the execution of a new bond, with other surety; or, on the failure of the principal to give the same, the court shall revoke or suspend his powers, and make such other orders as may thereupon be needful, for the benefit of the estate or trust confided to him.

§ 4. The surety of any officer, or of any such fiduciary, or of such other person, or of any person for whom he may be bound by private agreement, may, by attachment, restraining order, ne excat, or other order out of chancery, obtain indemnity, or coerce the principal to give indemnity, by adequate security against his liability as such surety.

§ 5. A co-obligor or co-contractor may, in like manner as in the last section named, obtain indemnity for his liability for any or all of the other obligors or contractors, whether the debt be due or not, where the other obligor has removed, or is about to remove himself, or his property or the greater part thereof, out of the state, or is wasting his estate, or is about to sell the same, with intent to cheat his creditors.

§ 6. No such order as indicated in the last two sections shall be issued, unless the complaint is verified by affidavit,

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