2 months without an executor or an administrator, the court may, on the application of any person, order the sheriff to administer the same. The court appoints appraisers who appraise the personal estate of the decedent coming to the hands of the executor or administrator. Their appraisement is recorded, and shall be prima-facie evidence of the value of the estate, and that it came into the hands of the personal representative. The order of payment of debts is: Expenses of last illness, to physicians not exceeding $50, and druggists the same; debts due to the United States and Virginia; taxes; fiduciary debts; all other demands ratably, except, lastly, voluntary obligations. The payment of legacies or the distribution of the personal estate cannot be compelled until after 1 year from the qualification of the representative, and only then when the legatee or distributee gives a refunding bond.

Washington.-Letters testamentary or of administration are granted: To the surviving husband or wife, or other person at the request of either; the next of kin as follows: Child or children, father or mother, brothers or sisters, grandchildren; to creditors. If the decedent were a member of a copartnership, the partnership property is separately administered upon by the administrator or executor, unless the surviving partner shall within 5 days from the filing of the inventory apply for the administration thereof. If the parties entitled to administration fail to apply for 40 days, or waive their right in writing, the court may appoint any suitable person. Debts must be paid as follows: Funeral expenses; expenses of last sickness; debts having a preference by the laws of the United States; taxes, or any dues to the state; judgments rendered against the deceased in his lifetime on which execution might have issued at the time of his death, and mortgages; all other demands. Claims against the estate not presented within 1 year after the first publication of administration notices are barred. Within 6 months after his appointment, and thereafter whenever required by the court, the executor or administrator must render an account of the money received and expended, and of all claims presented against the estate, with the names of the claimants; and a full account of his administration must be rendered at the expiration of 1 year from the time of his appointment.

West Virginia.-The surviving husband or wife, or the distributees, have the first right to administer. If none such apply for appointment within 30 days, then any creditor can qualify. If no one qualify within 3 months, then the sheriff of the county may be appointed upon the motion of any person interested. The order of payment of debts is: Funeral expenses, and expenses of administration; debts due the United States; taxes and levies assessed; debts due from the deceased in any fiduciary capacity; all other debts (except voluntary obligations); voluntary obligations. If a partner, the surviving partner winds up the partnership.

Wisconsin.-Administration is granted: To the widow, or the next of kin, or both, or to their fit nominee; if the former neglect to apply within 30 days after the intestate's death, to one or more of the principal creditors; any suitable person. After 60 days, other application failing, one having a cause of action against the estate may apply. A foreign executor or administrator, upon filing an authenticated copy of his letters in any county court, can exercise the same power as though appointed here. In insolvent estates, all other debts must be paid pro rata, after the full payment of administrative, funeral, and last sickness expenses, and debts preferred by the United States. Before paying other debts, certain allowances are set aside for the widow and minor children. The time for the presentation of claims against estates is fixed by the county court, and varies from 6 to 12 months, and under special circumstances may be extended to 2 years.

Wyoming.-Administration is granted: To the surviving husband or wife, or to those who are entitled to the distribution of the estate, or to one or more of them; to any person considered most suitable by the court. A non-resident cannot be appointed administrator; but a non-resident executor named in a will may be appointed, who must appoint an agent in the state upon whom orders and process can be served. Claims, to receive the full benefit of the estate, must be presented within 6 months from the grant of letters; if not presented within 1 year, they are barred.

PROVINCES OF THE DOMINION OF CANADA British Columbia.-Where a person dies intestate as to personal property, or having appointed an executor resident out of the province, administration may be granted to the official administrator. Claims against the estate should be presented to the executor or administrator, verified by affidavit. One year must elapse from the decedent's death before the personalty may be distributed.

Manitoba.-Executors are not required to give security, but an administrator must furnish two sureties, each in double the value of the estate. An executor or administrator may pay any claim on any evidence he deems sufficient; but it is usual to advertise for claims to be presented, verified by affidavit.

New Brunswick.-The inventory of the estate must be filed within 3 months. All debts rank alike judgments having no preference. An account of the administration must be rendered to the court within 18 months.

Nova Scotia.-Administration is granted: To the widow, or the next of kin, or both; if they do not apply within 10 days after the

return day of the citation, to one or more of the principal creditors. Executors or administrators shall, by advertisement in the Royal Gazette newspaper, call upon all persons having claims against the estate to file the same within 1 year from the date of the advertisement, duly attested to by the party, or, in his absence from the province, by his agent, before the judge or registrar of probate for the county, or a justice of the peace.

Ontario. Both real and personal property devolve upon the administrator. All debts are paid equally, judgments having no

preference.

Quebec.-If no executor have been appointed by the will, then the execution of the will devolves upon the universal legatee, if one be named, or upon all the legatees, if no universal legatee be appointed. In case of intestacy, the parties entitled to the succession represent the deceased, and claims against the estate should accordingly be presented to them. The executor has a year and a day to carry out the provisions of the will.

DEEDS

A deed is the common, or usual, form of instrument employed to convey the title to real property from one person to another. Certain statutory requirements of such deeds are herein shown. In many states, a deed of quitclaim and release will pass all the estate that could lawfully be conveyed by a deed of bargain and sale, as in Florida, Indiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Oregon, Wisconsin, and Wyoming. In most states, it is not necessary to use the word heirs of other words of inheritance to convey a fee, but every conyeyance passes the whole interest of the grantor unless it be expressly stated otherwise; as in Alabama, Arkansas, California, Colorado, Georgia, Idaho, Florida, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. In many states, statutes have provided short forms of deeds which may be used, but are not exclusive of the common-iaw forms. (See Book of Forms, under the title Conveyances.) The common-law requirement of sealing is dispensed with in the following states, except as to corporations: Arkansas, California, Colorado, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri. Montana, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, Pennsylvania, Tennessee, Texas, Utah, Washington, and Wyoming. Where seals are still required, a scroll is usually sufficient by way of a private seal. Witnesses to the execution of the deed, usually two in number, are required, in some states, for the validity of the deed; and in other states, they are required only in order to prove the deed where it is not acknowledged; but in some other states, witnesses are not required even for proof.

A deed must also be either acknowledged by the grantor, or proved by witnesses, in order that it may be recorded or registered. In Maryland, New Mexico, Ohio, and Washington, a deed must be acknowledged whether witnessed and proved or not. Generally, however, a deed may be admitted to record, even if not acknowledged, if proved by attesting witnesses, before some of the officers qualified to take acknowledgments. In Connecticut, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, Rhode Island, Vermont, and Wisconsin proof by witnesses is allowed only when the grantor is dead, or refuses or fails to acknowledge; and notice of an intent to prove and time of hearing must be given to the grantor, if

living and within the state, by 7 days' personal service with a copy of the deed annexed, in Maine, Massachusetts, Michigan, Minnesota, Vermont, and Wisconsin or by 15 days' service in New Hampshire, or by service of a warrant of examination of such grantor in Rhode Island. A deed without witnesses may also be proved in some states by proving the handwriting of the grantor, as in Illinois, Maryland, Mississippi, North Carolina, Pennsylvania, and Rhode Island. If the grantor be dead or have failed to acknowledge, and subscribing witnesses also have died, proof may be usually made by proof of the genuineness of the grantor's signature and of that of at least one subscribing witness.

A deed of real estate to be wholly valid must be recorded in the office for the recording of deeds in and for the county where the real estate is situated, or, in Connecticut, Rhode Island, and Vermont, in the office of the town clerk of the town where the real estate is situated; otherwise, it is void as against a purchaser or encumbrancer for value without notice whose deed is duly recorded first. In Arkansas, Delaware, Florida, Illinois, Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, North Carolina, Tennessee, Texas, Virginia, and West Virginia, if not recorded it is void as against all creditors of the grantor, or as against a subsequent judgment creditor in Minnesota and New Jersey, or against subsequent purchasers or encumbrancers for value without notice even though their deeds be not recorded, in Arkansas, Florida, Indiana, Louisiana, and Ohio. In North Carolina and Ohio, no notice will supply the place of registration. Unless otherwise hereinafter specified, deeds are valid as to subsequent purchasers for value without notice and encumbrancers only from the date of record.

Alabama.-Deeds of real estate must be signed at the foot by the grantor, and attested by one, or if the grantor cannot write, by two, witnesses who can write. If the deed be acknowledged, no witnesses are required; but deeds executed by husband and wife jointly must be acknowledged and attested by two witnesses. If a deed be acknowledged and recorded within 12 months after its execution, it may be used as evidence without further proof of execution, but it operates as notice only from the time of record. A seal is not necessary.

Arizona.- No witnesses are necessary, unless the deed be not acknowledged, in which case two witnesses are necessary.

Alaska.-Deeds executed within the district, of lands or any interest in lands therein, shall be executed in the presence of two witnesses, and acknowledged before any judge, clerk of the district court, notary public, or commissioner within the district. If any deed shall be executed in any state, territory, or district of the United States, such deed may be executed according to the laws of such state, territory, or