Page:United States Statutes at Large Volume 31.djvu/567

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 515 (2) The personal property of the intestate remaining after such allowance s all be applied to the- payment of the debts of the deceased and the charges and expenses of administration as provided by law. (3) The residue, if any, of the personal roperty shall be distributed among the persons who would be entitled) to the real property of the intestate, as provided in this code, and in the like proportion or share, except as herein otherwise provided. - (-1) If the intestate shall leave a husband and issue, such husband shall be entitled to receive one-half of such residue of the personal property; but if the intestate leave a husband and no issue, such husband shall receive the whole of such residue of personal property. (5) If the intestate leave a widow and issue, such widow shall be entitled to receive one-half of such 1‘BSldl1B of the personal property; but if the intestate leave a widow and no issue, such widow shall be entitled to receive the whole of such residue of the personal property. (6) If there be no husband, widow, or kindred of the intestate, the who e of such residue shall escheat to the United States. Sec. 170. lf the intestate leave a widow and issue, and any of such m!},g;f‘”°°m°“* °° issue shall have received an advancement from the intestate in his lifetime, the value of such advancement shall not be taken into consideration in computing the part to be given to the widow, but such widow shall only be entitled to-receive the one-half the personal prop- _ erty owned by the husband at the time of his death: CHAPTER Erournnx. OF MISCELLANEOUS PROVISIONS ooxonmvmo THE Dnsonisrr AND DIS- zrn1BUTIoN on PROPERTY. ‘ Sec. _ Sec. 171. Status of illegitimate children. I 177. Grants and gifts to heir. 172. Mother heir to illegitimate child; 178. When value of advancement exedect of marriage of parents. 173. Degrees of kindred, how computed. 179. A vancement to heirs. 174. Advancement to issue. 180. Estates by courtesy and dower not 175. When advancement greater or.less affected. than share. 181. Certain terms defined. Posthumous 176. Rule for computing value of advance- children. ment, etc. Sec. 171. An ille itimate child shall be considered an heir of its m§‘,g”g,§m{’§Bu*“°¤m· mother, and shall inherit or receive her property, real or personal, in ` whole or in part, as the case may be, in like manner as if such child . had been born in lawful wedlock; but such child shall not be entitled to inherit or receive, as representing his mother, any property, real or, rsonal of the kindred, either lineal or collatera , of such mother: · ggrovided, When the parents of such child have formally married, such child shall not be re ded as illegitimate within the meaning of this code, althou h such Tgiimal marriafge shall be adjudged to be void. Sec. 172. df an illegitimate chil shall die intestate, without leaving %¤r heir w illea widow, husband, or lawful issue, the propert, real and personal, of gi mtriiigéhildéreggif such intestate shall descend to or be receivedy by the mother; but if °“** after the birth of an illegitimate child the parents thereof shall intermarry, such child shall be· considered leg1timate to all intents and purposes. Sec. 173. The degrees of kindred shall be computed according to the ,,§$§f,‘$,*§';,,‘{{,,§,i*”"'°°· rules of the civil law; and the kindred of the half blood shall mherit ` or receive equally with those of the whole blood in the same degree. . Sec. 174. Any property, real or personal, that may have been given ,¤{1gv¤¤¤¤m¤¤=w by the intestate in his lifetime as an advancement to any child or other ` lineal descendant shall be considered a part of the intestate’s estate, so far as regards the division and distribution thereof amon his issue, and shall be taken by such child or other descendant towa1% his share of the intestate’s estate.