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payment of the just debts of such person, as well debts due on simple contract as on specialty. (a)
An Act to explain and extend the Provisions of the 11 Geo.
4 & 1 Will. 4, c. 47.
2 & 3 VICT. 0. 60. 1. Power to courts of equity to direct mortgages as well as Mortgages of sales of the estates of infant heirs or devisees, and of lands, estates of infant
beirs, &c. tenements, or hereditaments devised in settlement, for the purpose of paying the debts of the ancestor, testator, or settler. and to authorise such sales and mortgages to be made where the tenant for life, or other person having a limited interest, or the first executory devisee, is an infant.
2. The surplus of the money arising from such sales or Surplus. mortgages, shall descend in the same manner as the estates so sold or mortgaged would have descended.
Debts of Deceased Persons Act.
32 & 33 VICT. C. 46. 1. In cases of administration all the creditors of a deceased person, as well specialty as simple contract, shall be treated as standing in equal degree, without prejudice to any security held by any creditor for payment of his debt.
DISTRIBUTION, STATUTES OF.
22 & 23 CAR. 2, 0. 10. 5. All ordinaries, and every other person who by this Act is Distribution of enabled to make distribution of the surplusage of the estate of surplusage. any person dying intestate, shall distribute the whole surplusage of such estate as follows :
One third part to the wife, and the residue, by equal portions, to and amongst the children of the intestate, and such persons as legally represent such children in case any of them be then dead, other than such child or children (not being heir-at-law) who sball 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.
(a) The Act gave preference, however, to specialty debts in which the heirs were bound.
Where no issue.
And in case any child, other than the heir-at-law, shall have any estate, or be advanced as aforesaid, not equal to the share which will be so due to the other children, then so much of the surplusage to be distributed to such child or children so advanced, &c., 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 he shall have by descent or otherwise, is to have an equal part in the distribution with the rest of the children.
6. 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 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.(a)
7. Provided, that there be no representations admitted among collaterals, after brothers' and sisters' children ; and in case there be no wife, 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.
8. No distribution to be made till after one year from the death of the intestate. If any debts appear afterwards the distributees must refund rateably.
Where no wife.
An Act for Reviving and Continuing several Acts of
1 Jac. 2, c. 17. 7. If after the death of a father any of his children shall die intestate, without wife or (6) children, in the lifetime of the
(a) In case an intestate dies without issue, leaving a widow and a father, the personal estate is divided between them: (Keilway v. Keilway, Gilb. Eq. O. 189.)
The cases of wife and children or representatives of children being provided for as above, the order of distribution is as follows:
Ist. The father,
2nd. The mother, brothers, and sisters and children of deceased brothers and sisters taking by representation.
3rd. Grandfather and grandmother.
5th. Great grandfather's father, great uncle, great nephew, cousin german.
6th. Great great uncle, great uncle's son, son of cousin german : (2 Chitty's Statutes, 4th ed. 858.) The half blood take equally with the whole blood in the same degree : (Watts v. Crooke, Show. P. C. 108.) A child en ventre sa mere is considered to be in esse : (Wallis v. Hodson, 2 Atk. 117.)
(6) " Or“ is to be construed “and :" (Keylway v. Keylway, 2 P. Wms. 344 ; Stanley v. Stanley, 1 Atk. 457.)
mother, every brother and sister and the representatives of them shall have an equal share with her.
An Act for making better Provision for the disposal of the undisposed-of Residues of the Efects of Testators.
1 WILL. 4, c. 40. 1. When any person shall die after the 1st of September, Executors to 1830, having by will or codicil thereto appointed an executor or
posed-of residue executors, such executor or executors shall be deemed by courts in trust for
next-of-kin. of equity to be a trustee or trustees for the person or persons (if any) who would be entitled to the estate under the Statute of Distributions, in respect of any residue not expressly disposed of, unless it shall appear by the will or codicil that such executor or executors was or were intended to take such residue beneficially.
2. Nothing herein contained shall affect or prejudice any right Where no to which any executor, if this Act had not been passed, would next-of-kin. have been entitled in cases where there is no person who would be entitled under the Statute of Distributions.
3 & 4 WILL. C. 105. 1. “Land,” means all hereditaments, corporeal and incorporeal “ Land.” (except such as are not liable to dower), and any share thereof.
2. When a husband shall die beneficially entitled to land for Equitable an interest which shall not entitle his widow out of the same at estates. law, and such interest, whether wholly equitable, or partly legal and partly equitable, shall be an estate of inheritance in possession, or equal thereto (other than an estate in joint tenancy), then his widow shall be entitled in equity to dower out of the same.
3. When a husband shall have been entitled to a right of Seisin unnecesentry or action in any land, and his widow will be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same, although her husband shall not have recovered possession thereof. Proviso : Such dower
(a) The Act does not extend to free-bench : (Smith v. Adams, 5 De G. M. & G. 712.)
Certain debts, &c., prevail against.
Declaration in will.
shall be sued for or obtained within the period during which such right of entry or action might be enforced.
4. No widow shall be entitled to dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or by his will. (a)
5. All partial estates and interests, and all charges created by any disposition or will of a husband, and all debts, incumbrances, contracts, and engagements to which his land shall be subject or liable, shall be valid and effectual as against the right of his widow to dower. (6)
6. A widow shall not be entitled to dower out of any land of her husband when in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his widow shall not be entitled to dower out of such land.
7. A widow shall not be entitled to dower out of any land of which her husband shall die wholly or partially intestate, when by the will of her husband, duly executed for the devise of freehold estates, he shall declare his intention that she shall not be entitled to dower out of such land or out of any of his land.
8. The right of a widow to dower shall be subject to any conditions, restrictions, or directions which shall be declared by the will of her husband, duly executed.
9. Where a husband shall devise any lands out of which his widow would be entitled to dower if the same were not so devised, or any estate or interest therein to or for the benefit of his widow, she shall not be entitled to dower out of any land of her husband unless a contrary intention shall be declared by his will
10. A gift or bequest by a husband to his widow of personal estate or of land not liable to dower shall not bar dower unless a contrary intention shall be declared by his will.
11. An agreement by a husband not to bar dower may be enforced in equity.
12. Legacies bequeathed to widows in satisfaction of dower are to continue to have priority over other legacies.
13. No widow shall hereafter be entitled to dower ad ostium ecclesiæ, or dower ex assensu patris.
14. The Act takes effect from the 1st of January, 1834.
Directions by will.
Devise to widow bars dower.
(a) A general devise is within this section : (Lacey v. Hill, 19 Eq. 346.) (6) But the widow's right to dower prevails as against mere creditors: (Spyer v. Hyatt, 20 Beav. 621.)
40 & 41 Vict. 39.
2. Where any agent or person has been entrusted with and Rovocation of continues in the possession of any goods or documents of title to prejudice third goods within the meaning of the principal Acts as amended by party. this Act, any revocation of his entrustment or agency shall not prejudice or affect the title or rights of any other person who, without notice of such revocation, purchases such goods, or makes advances upon the faith or security of such goods or documents.
3. Where any goods have been sold, and the vendor or any Retention of person on his behalf continues or is in possession of the docu- title by vendor. ments of title thereto, any sale, pledge, or other dispositions of the goods or documents made by such vendor or any person or agent entrusted by him with the goods or documents within the meaning of the principal Acts as amended by this Act, shall be as valid as if such vendor or person was an agent or person entrusted by the vendee with the goods or documents within the meaning of the principal Acts as amended by this Act, provided the person to whom the sale, pledge, or other disposition is made has not notice that the goods have been previously sold.
4. Where any goods have been sold or contracted to be sold, Obtaining of and the vendee, or any person on his behalf, obtains the pos- title by vendee. session of the documents of title thereto from the vendor or his agents, any sale, pledge, or disposition of such goods or documents by such vendee so in possession, or by any other person or agent entrusted by the vendee with the documents within the meaning of the principal Acts as amended by this Act, shall be
(a) It has been thought sufficient, in reference to the previous Factors Acts (see sect. 1), to give the student the following summary of their effect :- First, where goods or documents for the delivery of goods are pledged as a security for present or future advances, with the knowledge that they are not the property of the factor, but without notice that he is acting without authority, in such case the pledgee acquires an absolute lien. Secondly, where goods are pledged by a factor without notice to the pledgee that they are the property of another, as a security for a preEristing debt, in that case the pledgee acquires the same right as the factor had. Thirdly, where a contract to pledge is made in consideration of the delivery of other goods or documents of title, upon which the person delivering them up had a lien for a previous advance (which is deemed to be a contract for a present advance), in that case the pledgee acquires an absolute lien, to the extent of the value of the goods given up : (2 Chitty's Statutes, 4th ed., 1082.)