Magazine of western history, illustrated, Vol. I, No. 1, November 1884Various
History
Magazine of western history, illustrated, Vol. I, No. 1, November 1884
Various
Local history -- Periodicals; United States -- History -- Periodicals; West (U.S.) -- History -- Periodicals
_Be it ordained by the authority aforesaid_, That the estates both of
resident and non-resident proprietors in said Territory dying
intestate, shall descend to and be distributed among the children, and
the descendants of a deceased child in equal parts—the descendants of
a deceased child, or grandchild, to take the share of the deceased
parent in equal parts among them; and where there shall be no children
or descendants, then in equal parts to the next of kin in equal
degree; and among collaterals, the children of a deceased brother or
sister of the intestate shall have, in equal parts among them, the
deceased parent’s share, and there shall in no case be a distinction
between kindred of the whole and half blood, saving in all cases to
the widow of the intestate her third part of the real estate for life,
and [_where there shall be no children of the intestate_] one third
part of the personal estate; and this law relative to descents and
dower shall remain in full force until altered by the legislature of
the district. And until the governor and judges shall adopt laws, as
hereinafter mentioned, estates in the said Territory may be divided or
bequeathed by wills, in writing, signed and sealed by him or her, in
whom the estate may be [being of full age] and attested by three
witnesses; and real estate may be conveyed by lease or release, or
bargain and sale, signed, sealed and delivered by the person, being of
full age, in whom the estate may be, and attested by two witnesses,
provided such wills lie duly proved, and such conveyance be
acknowledged, or the execution thereof duly proved, and be recorded
within one year after proper magistrates, court and registers shall be
appointed for that purpose; and personal property may be transferred
by delivery, saving, however, to the French and Canadian inhabitants
and other settlers of the Kaskaskies, St. Vincent’s and the
neighboring villages, who have heretofore professed themselves
citizens of Virginia, their laws and customs now in force among them,
relative to the descent and conveyance of property.
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