Page:United States Statutes at Large Volume 71.djvu/596

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PUBLIC LAW 85-244-.AUG. 31, 1957

[71 S T A T.

Public Law 85-244 AiKust 31, 1957 -^N ACT [H. R. 6508] rj.Q modify the Code of Law for the District of Columbia to provide for a uniform succession of real and personal property in case of intestacy, to abolish dower and curtesy, and to grant unto a surviving spouse a statutory share in the other's real estate owned at time of death, and for other purposes.

Be it enacted by the Senate and House of Representatives of the c<^i!iSendiaent«.* United States of America in Congress assembled, That section 940 of 31 Stat. 1342. * the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D. C. Code, sec. 18-101), is amended to read as follows: ~"§ 940. Course of descents generally.— "On the death of any person seized of an estate in fee simple in lands, tenements, or hereditaments in the District of Columbia, and intestate thereof, the same shall descend in fee simple to such person's kindred as follows: To those persons, who, according to the laws of the District of Columbia now or hereafter in force relating to the distribution of the personal property of intestates, would be the distributees to take the surplus personal property of such intestate, if he or she had died a resident of the District of Columbia and possessed of such surplus of personalty; and such kindred (including the surviving spouse as such) shall take in the same proportions as are or shall be fixed by such laws relating to personal property, and shall take as tenants in common." SEC. 2. The estate by the curtesy in the real estate of a wife dying after the effective date of this Act, and its incidents, are hereby abolished. SEC. 3. (a) The right of dower, and its incidents, are hereby abolished; except that with respect to parties who intermarried prior to the effective date of this Act, the wife shall retain her dower rights in all real estate whereof the husband, prior to the effective date of this Act, was seized of an estate of inheritance at any time during the marriage. As to any such real estate of which the husband dies seized, the share of the wife therein, as provided in section 940 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D. C. Code, sec. 18-101), shall be in lieu of her dowser rights unless she elects to take the same in similar manner and within the period as authorized in section 1173 of such x^ct, as amended (D. C. Code, sec. 18-211), providing for renunciation of devises and bequests under wills. (b) The intestate share as provided by section 940 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, shall attach to all real property owned by husband or wife during coverture: Provided, That neither husband nor wife hereafter shall have the right to convey, transfer or encumber his or her real property free of the surviving spouse's interest in case of intestacy, as provided in this Act, without joinder of the other spouse. Repeals. SEC. 4. (a) Section 953 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D. C. Code, sec. 18-103), is hereby repealed. (b) Section 954 of such Act, as amended (D. C. Code, sec. 18-104), is hereby repealed. (c) Section 955 of such Act, as amended (D. C. Code, sec. 18-105), is hereby repealed. (d) Section 958 of such Act, as amended (D. C. Code, sec. 18-107), is hereby repealed.

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