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368 LEGACIES, ETC. [ChAP. LXIV.
CHAPTER 64.
L.EGACIES, FILIAL. PORTIONS AND
DISTRIBUTIVE SHARES.
AN ACT CONCERNING FILIAL PORTIONS, LEGACIES AND DISTRIBU-TIVE
SHARES OP INTESTATES' ESTATES.
Section
1
.
Intestates' estates, how to be distri-buted—
Children advanced, but not
to full amount, to have their shares
made equal.
2. Children advanced, to account for the
same.
3. Child refusing to account, not enti-tled.
4. Illegitimate children entitled to a
Section
share of their mother's personal
property—When illegitimate child
dies without issue, how his personal
property to be distributed.
5. Legacies, &c. recoverable by petition
to the superior or county court—
•
Rules and method to be observed
.
6. Power of the court of equity not to
be affected.
1. Bi: it enacted by the General Assembly of the State of JYorth
Carolina, and it is hereby enacted by the authority of the same,
Intestates' es- That every administrator shall distribute the surplus of the estate
dlstnbuted."
^ o^ ^is intestate, in the manner following, to wit : If there are not
more than two children, one third part to the wife of the intestate,
and all the rest, by equal portions, to and amongst the children of
such intestate, and such persons as legally represent such children,
in case any of the said children be then dead, other than such
child or children, who shall have any estate by the settlement of
the intestate, or shall be advanced by the intestate in his life time,
by portion or portions equal to the share which shall, by such dis-tribution,
be allotted to the other children, to whom such distribu-tion
is to be made ; and in case any child, who shall have any
Children ad- estate by settlement from the intestate, or shall be advanced by the
to full amount, intestate in his life time, by portion or portions not equal to the
to have their share, which shall be due to the other children by such distribution
equal. as aforesaid, then so much of the surplus of the estate of such in-testate,
to be distributed to such child or children as shall have any
estate from the intestate, or were advanced in the hfe time of the
intestate, as shall make the estate of all the said children to be
equal, as nearly as can be estimated. And in case there should be
no children, nor any legal representatives of them, then one third
of the said estate to be allotted to the wife of the intestate, and
the residue of the said estate to be distributed equally to every of
the next of kin of the intestate, who are in equal degree, and to
those who legally represent them : Provided, that there be no
representatives admitted amongst collaterals after brothers' and sis-ters'
children. If there are more than two children, then such
1. 1776, c. 79.—1784, c. 204, s. 8.
Object Description
Description
| Title | Page 392 |
| Full Text | 368 LEGACIES, ETC. [ChAP. LXIV. CHAPTER 64. L.EGACIES, FILIAL. PORTIONS AND DISTRIBUTIVE SHARES. AN ACT CONCERNING FILIAL PORTIONS, LEGACIES AND DISTRIBU-TIVE SHARES OP INTESTATES' ESTATES. Section 1 . Intestates' estates, how to be distri-buted— Children advanced, but not to full amount, to have their shares made equal. 2. Children advanced, to account for the same. 3. Child refusing to account, not enti-tled. 4. Illegitimate children entitled to a Section share of their mother's personal property—When illegitimate child dies without issue, how his personal property to be distributed. 5. Legacies, &c. recoverable by petition to the superior or county court— • Rules and method to be observed . 6. Power of the court of equity not to be affected. 1. Bi: it enacted by the General Assembly of the State of JYorth Carolina, and it is hereby enacted by the authority of the same, Intestates' es- That every administrator shall distribute the surplus of the estate dlstnbuted." ^ o^ ^is intestate, in the manner following, to wit : If there are not more than two children, one third part to the wife of the intestate, and all the rest, by equal portions, to and amongst the children of such intestate, and such persons as legally represent such children, in case any of the said children be then dead, other than such child or children, who shall have any estate by the settlement of the intestate, or shall be advanced by the intestate in his life time, by portion or portions equal to the share which shall, by such dis-tribution, be allotted to the other children, to whom such distribu-tion is to be made ; and in case any child, who shall have any Children ad- estate by settlement from the intestate, or shall be advanced by the to full amount, intestate in his life time, by portion or portions not equal to the to have their share, which shall be due to the other children by such distribution equal. as aforesaid, then so much of the surplus of the estate of such in-testate, to be distributed to such child or children as shall have any estate from the intestate, or were advanced in the hfe time of the intestate, as shall make the estate of all the said children to be equal, as nearly as can be estimated. And in case there should be no children, nor any legal representatives of them, then one third of the said estate to be allotted to the wife of the intestate, and the residue of the said estate to be distributed equally to every of the next of kin of the intestate, who are in equal degree, and to those who legally represent them : Provided, that there be no representatives admitted amongst collaterals after brothers' and sis-ters' children. If there are more than two children, then such 1. 1776, c. 79.—1784, c. 204, s. 8. |
