Page:United States Statutes at Large Volume 31.djvu/568

 516 FIF'l`Y—SIXTH CONGRESS. SEss. I. Ch. 786. 1900. gr§Qg§g‘ *g§*g*g*Sg°°,§,{’,} SEc. 175. If the amount of such advancement shall exceed the share time of the heir so advanced, such heir shall be excluded from any further share or portion in the division or distribution of the estate, but shall not be required to refund any part of such advancement; and if the amount so received shall be less than his share, such heir shall be entitled to so much more as will give him his full share or portion of I f U the estate of the intestate. _ _ v,§‘§,§ ‘§§,°°,{§§,’},‘,,§;'E Sec. 176. If any such advancement IS made in real property the r¤¤¤¤.<=¢s=- value thereof shall, for the purposes of the last section, be considered as part of the real property to be divided; and if the advancement be eit er in real or personal property, and shall in either case not exceed the' share or portion of such real or personal property that would come to the heir so advanced, such heir s all not refund any part of it, but shall take or receive so much less out of the whole part of the estate, as the case may be, as will make the whole share equal to those of the other heirs who are in the same degree with the heir so advanced. hgjauu me gm ‘° Sec. 177. All grants and gifts shall be deemed to be made in ` advancement if so expressed in the grant or gift, or if so charged, in writing, by the intestate, or acknow edged, in writing, to be so made by the chi d or other descendant to whom it is made, and not otherwise. v8§g,§;*€;§};;!gsg§j Sec. 118. If the value of the property, real or personal, so advanced ’ be expressed in the conveyance or Wfltlhg whereby the same is granted or given, or in the charge thereof ma e by the intestate, or in the acknowledgment made by the party receiving it, in the division and distribution of the estate, such advancement shall be considered of the value so expressed; otherwise, it shall be estimated at its value when granted or given. h£gV¤¤°°m°”* *·° SEo. `17 9. If any child or lineal descendant to whom an advancement ` is made shall die before the intestate, leaving issue, such advancement shall be deemed made to such issue, and the division and distribution of the estate shall be made accordingly. LI§g°°°*§°‘;§€°f“§,§{ Sec. 180. Nothing contained in this chapter shall affect or impair meme. the estate of a husband as tenant by the courtesy, nor that of a wi ow ‘ as tenant in dower. - mf;,*"°'““ *°"”“ °°‘ Sec. 181. The word "issue," as used in this chapter, includes all the ` lawful lineal descendants of the ancestor; and the term "real property" includes all lands, tenements, and hereditaments, and rights thereto, and all interests therein, whether in fee simple or for the life of another. The term "personal property ” includes all goods and chattels, moneys, credits, and effects of whatever nature not included in the term "real propert ." Inheritance "by right of representation " takes place when the liineal descendant of any deceased heir takes . the same share or portion of the estate of an intestate that the parent roszhumous chil- of such descendant would have taken if living. For the purposes of °'°“‘ this code, a posthumous child is to be deemed living at the death of its parent. . · CHAPTER NINETEEN. OF ESCHEATS. Sec. Sec. 182. Whézerzxproperty escheats. _ { 187. Persons may claim proceeds, when; 183. Pro ings to obtain possession. proceedings thereon. 184. Governor must fake steps to recover. 188. Proceedings m case of personal prop- 185. Court may apppint receiver. erty. 186. All persons 1ming interest may 189. Escheated property held by bank. de end. ' ,,,,l§',§§P P’°*’°"Y °s‘ Sec. 182. When any person shall die without heirs, leaving any real or personal property in the district, the same shall escheat to and become the property of the United States;