sonal estate of which the parent died possessed, except so much thereof as will, when added to the personal estate advanced, make the share of him who is advanced equal to the share of those who may not have been advanced, or not equally advanced. And in case any one of the children shall have been advanced in real estate of greater value than an equal share thereof which may come to the other children, he or his legal representatives shall be charged in the distribution of the personal estate of such deceased parent with the excess in value of such real estate so advanced as aforesaid, over and above an equal share as aforesaid. And in case any of the children shall have been advanced in personal estate of greater value than an equal share thereof which shall come to the other children, he or his legal representatives shall be charged in the division of the real estate, if there be any, with the excess in value, which he may have received as aforesaid, over and above an equal distributive share of the personal estate.

Code, s. 1281; R. C., c. 38, s. 1, Rule 2; 1784, c. 204, s. 2; 1808, c. 739; 1844, c. 51, ss. 1, 2.

RULE 3. Lineal descendant represents ancestor.

The lineal descendants of any person deceased shall represent their ancestor, and stand in the same place as the person himself would have done had he been living.

Code, s. 1281; R. C., c. 38, Rule 3; 1808, c. 739.

RULE 4. Collateral descent when estate derived from ancestor.

On failure of lineal descendants, and where the inheritance has been transmitted by descent from an ancestor, or has been derived by gift, devise or settlement from an ancestor, to whom the person thus advanced would in the event of such ancestor's death, have been the heir or one of the heirs, the inheritance shall descend to the next collateral relations, capable of inheriting, of the person last seized, who were of the blood of such ancestor, subject to the two preceding rules.

Code, s. 1281; R. C., c. 38, Rule 4; 1808, c. 739.

RULE 5. Collateral descent when estate not derived from ancestor.

On failure of lineal descendants, and where the inheritance has not been transmitted by descent or derived as aforesaid from an ancestor, or where, if so transmitted or derived, the blood of such ancestor is extinct, the inheritance shall descend to the next collateral relation, capable of inheriting, of the person last seized, whether of the paternal or maternal line, subject to the second and third rules.

Code, s. 1281; R. C., c. 38, Rule 5; 1808, c. 739.

RULE 6. Half blood inherits with whole; parent from child.

Collateral relations of the half blood shall inherit equally with those of the whole blood, and the degrees of relationship shall be computed according to the rules which prevail in descents at common law: Provided, that in all cases where the person last seized shall have left no issue capable of inheriting, nor brother, nor sister, nor issue of such, the inheritance shall vest in the father if living, and if not, then in the mother if living.

Code, s. 1281; R. C., c. 38, Rule 6; 1808, c. 739.

RULE 7. Persons unborn take, when.

No inheritance shall descend to any person, as heir of the person last seized, unless such person shall be in life at the death of the person last seized, or shall be born within ten lunar months after the death of the person last seized.

Code, s. 1281; R. C., c. 38, Rule 7; 1823, c. 1210.

RULE 8. When widow takes as heir.

When any person shall die, leaving none who can claim as heir to him, his widow shall be deemed his heir, and as such shall inherit his estate.

Code, s. 1281; R. C., c. 38, Rule 8; 1801, c. 575, s. 1.

RULE 9. Illegitimate children inherit from mother.

When there shall be no legitimate issue, every illegitimate child of the mother, and the descendant of any such child deceased, shall be considered an heir, and as such shall inherit her estate; but such child or descendant shall not be allowed to claim, as representing such mother, any part of the estate of her kindred, either lineal or collateral.

Code, s. 1281; R. C., c. 38, Rule 10; 1799, c. 522.

RULE 10. Who may take from illegitimate children.

Illegitimate children shall be considered legitimate as between themselves and their representatives, and their estates shall descend accordingly in the same manner as if they had been born in wedlock. And in case of the death of any such child or his issue, without leaving issue, his estate shall descend to such person as would inherit, if all such children had been born in wedlock: Provided, that when any illegitimate child shall die without issue, his inheritance shall vest in the mother in the same manner as is provided in rule six of this chapter.

Code, s. 1281; R. C., c. 38, Rule 11.

RULE 11. Estate for life of another, not devised, an estate of inherit

ance.

Every estate for the life of another, not devised, shall be deemed an inheritance of the deceased owner, within the meaning and operation of this chapter.

Code, s. 1281; R. C., c. 38, Rule 12.

RULE 12. Seizin defined.

Every person, in whom a seizin is required by any of the provisions of this chapter, shall be deemed to have been seized, if he may have had any right, title or interest in the inheritance.

Code, s. 1281; R. C., c. 38, Rule 13.

RULE 13. Issue of certain colored persons to inherit.

The children of colored parents born at any time before the first day of January, one thousand eight hundred and sixty-eight, of persons living together as man and wife, are hereby declared legitimate children of such parents or either one of them, with all the rights of heirs at law and next of kin, with respect to the estate or estates of any such parents, or either one of them. If such children be dead their issue shall represent them with all the rights of heirs at law and next of kin provided by this section for their deceased parents or either of them if they had been living; and the provision of this section shall apply to the estates of such children as are now deceased or otherwise.

Code, s. 1281; 1897, c. 153; 1879, c. 73.

NOTE. For distribution of personal property, see Administration, subchapter Distribution.

CHAPTER 31.

DIVORCE AND ALIMONY.

(Sections 1557-1570.)

1557. Jurisdiction. The superior court shall have jurisdiction of complaints for divorce and alimony, or either.

Code, s. 1282; 1868-9, c. 93, s. 45.

1558. Bond for costs unnecessary. It shall not be necessary for either party to a proceeding for divorce or alimony to give any undertaking to the other party to secure such costs as such other party may

recover.

Code, s. 1294; 1871-2, c. 193, s. 41.

1559. Venue. In all proceedings for divorce, the summons shall be returnable to the court of the county in which the applicant resides.

Code, s. 1289; 1871-2, c. 193, s. 40.

1560. What marriages may be declared void on application of either party. The superior court in term time, on application made as by law provided, by either party to a marriage contracted contrary to the prohibitions contained in the chapter entitled Marriage, or declared void by said chapter, may declare such marriage void from the beginning, subject, nevertheless, to the proviso contained in said chapter.

Code, s. 1283; 1871-2, c. 193, s. 33.

1561. Grounds for absolute divorce. Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony, on application of the party injured, made as by law provided, in the following cases:

1. If the husband shall commit fornication and adultery.

2. If the wife shall commit adultery.

3. If either party at the time of the marriage was and still is naturally impotent.

4. If the wife at the time of the marriage be pregnant, and the husband be ignorant of the fact of such pregnancy and be not the father of the child with which the wife was pregnant at the time of the marriage.

Code, s. 1285; 1887, c. 100; 1889, c. 442; 1899, c. 29; 1903, c. 490; 1871-2, c. 193, s. 35; 1879, c. 132; 1905, c. 499.

1562. From bed and board, grounds. The superior court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases:

1. If either party shall abandon his or her family; or,

2. Shall maliciously turn the other out of doors; or,

3. Shall by cruel or barbarous treatment endanger the life of the other; or,

4. Shall offer such indignities to the person of the other as to render his or her condition intolerable and life burdensome; or,

5. Shall become an habitual drunkard.

Code, s. 1286; 1871-2, c. 193, s. 36.

1563. Affidavit to be filed with complaint; provisos. The plaintiff in a complaint seeking either divorce or alimony, or both, shall file with his or her complaint an affidavit that the facts set forth in the complaint are true to the best of affiant's knowledge and belief, and that the said complaint is not made out of levity or by collusion between husband and wife; and if for divorce, not for the mere purpose of being freed and separated from each other, but in sincerity and truth for the causes mentioned in the complaint; and the plaintiff shall also set forth in such affidavit, either that the facts set forth. in the complaint, as grounds for divorce, have existed to his or her knowledge at least six months prior to the filing of the complaint; and that complainant has been a resident of the state for two years next preceding the filing of the complaint; or, if the wife be the plaintiff, that the husband is removing, or about to remove his property and effects from the state, whereby she may be disappointed in her alimony: Provided, if any wife shall file in the office of the superior court clerk of the county where she resides an affidavit, setting forth the fact that she intends to file a petition or bring an action for divorce against her husband, and that she has not had knowledge of the facts upon which said petition or action will be based for six months, then and in that case it shall be lawful for such wife to reside separate and apart from her said husband, and to secure for her own use the wages of her own labor during the time she shall so remain separate and apart from her said husband: Provided further, that if such wife shall fail to file her petition or bring her action for divorce within thirty days after the six months shall have expired since her knowledge of the facts upon which she intends to file her said petition or bring her said action, then she shall not be entitled any longer to the benefit of this section. Code, s. 1287; 1868-9, c. 93, s. 46; 1869-70, c. 184.

1564. Material facts found by jury; parties can not testify to adultery. The material facts in every complaint asking for a divorce shall be deemed to be denied by the defendant, whether the same. shall be actually denied by pleading or not, and no judgment shall be given in favor of the plaintiff in any such complaint until such facts have been found by a jury, and on such trial neither the husband nor wife shall be a competent witness to prove the adultery of the other, nor shall the admissions of either party be received as evidence to prove such fact.

Code, s. 1288; 1868-9, c. 93, s. 47.

1565. Alimony on divorce from bed and board. When any court shall adjudge any two married persons divorced from bed and board, it may also decree to the party upon whose application such judg ment was rendered, such alimony as the circumstances of the several