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&c., to be in ada

allowance to officer for fecs

opinion the amount allowed by the circuit court is too great, he may, upon evidence of witnesses sworn by himself, reduce the same. $ 7. When the convict or prisoner has been conveyed by Expenses of con

veyance by rails stage, steamboat, railroad, or by any other like conveyance, road or river, the officer shall be allowed the actual expenses paid for such dition. prisoner, exclusive of his own allowance as above.

§ 8. No allowance shall be made by any court to an offi- How cer for the fees paid to the guards, or expenses incurred for paid to guards the prisoner, unless the officer shall verify, upon oath, the and to be certitrue amount paid by him. All allowances to officers and guards, allowed by the circuit court, shall be certified by the clerk of the court of that county in which the prisoner was tried, that the same has been sworn to, proven, and allowed by the court.

$ 9. Trustees of towns, and mayor and councils of cities, Acts 1865, 72. are empowered to appoint a police guard for the protection trustees & council of their towns, to tax the property within the respective and how expenses towns for their payment, to define the powers of said guard, and to arm them for their defense.

§ 10. The Auditor of Public Accounts may, upon the Acts 1872, 10: production of the receipt of the keeper of the penitentiary selt adjust and for the delivery of prisoners or convicts, audit and settle the sheriffs, &c., for

conveying account of the sheriff, guards, or other officer for conveying victs. said convict or convicts; and if found to be correct, said Auditor shall draw his warrant upon the Treasurer for the amount of such claim.

Power of town

paid.

con

CHAPTER 50.

HEIRS AND DEVISEES.
Art. 1. Deed or grant, effect of when grantee is dead.

2. Devisees as a class, how they take, &c.
3. Ademption of legacy, &c.

ARTICLE I. Deed or grant, effect of when grantee is dead. § 1. When a patent is issued or shall issue, or a deed shall 2 R. S., s.

When patentee or be made to a person who is dead at the issuing of the patent alienee dead. or the making of the deed, the heirs of such patentee shall take, hold, and enjoy the title to the estate so patented or conveyed, as if such patent had issued or deed had been made to such heirs by name.

ses.

ARTICLE II.
Devisees as a class-how they take, &c.

§ 1. When a devise is made to several as a class, or as Death of devisee tenants in common, or as joint tenants, and one or more before testator.

of the devisees shall die before the testator, and another or others shall survive the testator, the share or shares of such as so die shall go to his or their descendants, if any;

if none, to the surviving devisees, unless a different disposiPowell on Devi- tion is made by the devisor. A devise to children embraces

grandchildren when there are no children, and no other construction will give effect to the devise.(a)

§ 2. If no time is fixed for the payment of a specific Specific legacy_ pecuniary legacy, it shall be payable one year after the when payable.

testator's death, and carry interest after due.(6)

$ 3. When any property shall be devised subject to or Lien for legacy upon the payment by the devisee to another of a sum of charged on devise Ward on Lega- money or his doing some other thing, the latter shall have cies, 306-7.

a lien on the legacy for the sum so to be paid, or for the value of the thing to be done.

§ 4. A devisee may disclaim by deed, acknowledged or Devisee may dis- proved, and left for record in the clerk's office of the court

in which probate is made, within a year after notice of the probate.

claim.

ARTICLE III.

Ademption of Legacy, &c. $ 1. The conversion, in whole or in part, of money or Conversion not property, or the proceeds of property devised to one of ademption unless so intended. the testator's heirs into other property or thing, with or

without the assent of the testator, shall not be an ademption (a) In the case provided for in this and the 18th section of the Revised Statutes, of the chapter on Wills, the surviving issue of a devisee, who died before the testator, take the estate devised, not as heirs at law, or distributees of the deceased devisee, but as legatees, directly and immediately, under and by virtue of the will. They take, “as the devisee or legatee would have done, if he had survived the testator," and the effect of which is, to conser upon the surviving issue the same estate and interest under the will as if the devise or bequest had been directly to them, instead of their father. (Carson, &c., vs. Carson's executor, 1 Metcalfe, 302.)

2. A legatee takes his legacy under the will without any other encumbrance than such as is mentioned in the will; and although the executor might subject a portion of such legacy, by way of set-off, to the payment of a debt due the testator by the legatee, yet this right is founded upon equities wholly extrinsic, and no connection with the will, or any right derivable from it; so that it cannot be said, with any propriety, that the legatee, if he had survived, would have taken the estate bequeathed, subject to the payment of his debts to the testator. (Ibid, 302.)

(6) Legatees having resisted the establishment of the will by a protracted litigation, are not entitled to interest on their legacies from one year after testator's death. As it did not appear that the executor had either used or loaned the money, but held it ready to discharge the legacies, the legatees are entitled to interest only from the establishment of the will. (Commonwealth for use of Johnson vs. Lillard's executor, 4 Bush, 398.)

of the legacy or devise, unless the testator so intended; but the devisee shall have and receive the value of such devise, unless a contrary intention on the part of the testator appear from the will, or by parol or other evidence.(a)

$ 2. The removal of property devised shall not operate Nor removal. as an ademption, unless a contrary intention on the part of the testator is manifested in like manner.

CHAPTER 51.

HOLIDAYS.

$ 1. The 22d day of February, the 4th day of July, the Myers' Sup., 260;

Civil Code, secs. 25th day of December of each year, and all days appointed 733, 734. by the President of the United States, or by the Governor of this Commonwealth, as days of fasting or thanksgiving,

(a) Those who claim that a testator, by selling property after the making of his will, intended to adeem the legacy or devise made to one who is his heir at law, must show that such was his intention. (Hocker vs. Gentry, 3 Metcalfe, 473.)

2. If, since the Revised Statutes, property be devised to an heir of the testator, and is after. wards sold by him, the devisee is entitled to the value of the devise out of the estate of the devisor, unless the testator intended it as an ademption to that extent, and the burden of showing such intention devolves on those claiming under the will. (Wickliffe vs. Preston, 4 Metcalfe, 180.)

3. And this rule applies whether the property sold be real or personal. The word “conver. sion," as used in the statute, applies alike to both species of property. (Ibid, 181.)

4. That a testator sold land devised to one of his daughters, to raise money to pay his debts, a part of which, amounting to more than the value of the land, had been incurred in defending the title to a part of the land devised to her, is not sufficient to show an intention to adeem her devise to the extent of the land sold. (Ibid, 184-5.)

5. Testator, by will, made in 1850, devised all the land he then owned to his wife for life, and after her death, to be equally divided between his eleven grandchildren. He thereafter, by purchase, acquired other lands, which he conveyed to one of the eleven grandchildren, for the expressed consideration of natural love and affection. He died in 1864, having survived his wife. Held--That the principle, where a testator devises his real estate among his children in undivided shares, and afterwards conveys part of it to one of them, the conveyance is presumed to have been intended as a satisfaction, and ademption of the devise does not apply to this case. ( Thomus, &C., vs. Capps, &c., 5 Bush, 276.)

6. As a general rule, double portions are not favored; and where a legacy is bequeathed to a child, and an advancement to the legatee is afterwards made of the same kind as the legacy, the law presumes the one to have been made in satisfaction of the other; yet the weight of authority seems to be against the application of this principle to devises of real estate. (Williams on Executors, volume 2, page 1145; Redfield on Wills, part 2, page 537; Ibid, 276.)

7. The intention of the testator, in making the conveyance, is sufficient to confirm or rebut any presumption which may arise from the transaction, and that may be determined from parol evidence. (Williams, supra, 1145; Ibid, 276.)

8. If a specific legacy be alienated by the testator before his death, the law presumes an intention to adeem it; and it will be considered as adeemed unless there be circumstances to repel this legal assumption. (6 Pick., 48; 14 Johnson's Reports, 324.) The sale of the horse, there. fore, before the death of the testator, was an ademption of the legacy, unless the rule of the common law is changed by our statute, which, on examination, will be found to recognize the rule as here stated, except where the heir is the legatee, and then the exception is made in his favor. (Lilly vs. Curry's executor, &c., 6 Bush, 590.)

GEN. STAT.–33

Acts 1868

are declared holidays, on which all the public offices of this Commonwealth may be closed; and shall be treated and considered as Sunday or the Christian Sabbath, for all purposes regarding the presenting for payment or acceptance, and of protesting for and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes, placed by law upon the footing of bills of exchange.

§ 2. If any of those days named as holidays shall occur on Sunday, the next day thereafter shall be observed as holiday; but bills of exchange or other paper may be presented for payment or acceptance on the Saturday preceding such holiday, and proceeded on accordingly.

Acts 1871, 74.

CHAPTER 52.

HUSBAND AND WIFE.

2 R. S., 3. Whom a man

Art. 1. Marriage.
2. Marital Rights-Debts of Husband and Wife--Separate Rights of

Property, and Conveyances.
3. Divorce and Alimony--Credibility of Witnosses--Conveyances in

Fraud-Custody and Maintenance of Children. 4. Curtesy-Dower-Conveyances by Married Women-Deposits in Bank-Checks and Receipts.

ARTICLE I.

Marriage. $1. A man shall not marry his mother, grandmother, sis.

ter, daughter, or granddaughter; nor the widow or divorced shall not marry. wife of his father, grandfather, son, or grandson; nor the

daughter, granddaughter, mother, or grandmother of his

wife; nor the daughter or granddaughter of his brother or Whom a woman sister; nor the sister of his father or mother. A woman shall not marry.

shall not marry her father, grandfather, brother, son, or grandson; nor the widower or divorced husband of her mother, grandmother, daughter, or granddaughter; nor the son, grandson, father, or grandfather of her husband; nor the son or grandson of her brother or sister; nor the brother of her father or mother. If relationship is founded on marriage, the prohibition shall continue, notwithstanding the dissolution of the marriage by death or divorce, unless the divorce is for a cause that rendered the marriage originally illegal or void. This section includes illegitimate children

In

what cases marriage prohibited and declared void,

riage contracted

the belief that the other

and relatives. Marriages prohibited by this section are in-
cestuous and void.

$ 2. Marriage is prohibited and declared void
1. With an idiot or lunatic;
2. Between a white person and a negro, or mulatto;

3. Where there is a husband or wife living from whom the person marrying has not been divorced;

4. When not solemnized, or contracted in the presence of an authorized person or society;

5. When, at the time of marriage, the male is under fourteen, or the female is under twelve years of age;

$ 3. The issue of an illegal or void marriage shall be legit- The issue of an imate, except that the issue of an incestuous marriage, found such by the conviction or judgment of a court, in the lifetime of the parties, or of a marriage between a white person and a negro or mulatto, shall not be legitimate; and where one of the parties is an idiot or lunatic, the issue shall be legitimate as to both.

§ 4. Where the marriage is contracted in good faith and The issue of mar, with the belief of the parties that a former husband or wife with then living was dead, the issue of such marriage, born or party was dead. begotten before notice of the mistake, shall be the legitimate issue of both parents. $ 5. Courts having general equity jurisdiction may declare Marriages

tained by force void a marriage obtained by force or fraud; or at the in- or fraud may be stance of any next friend, where the male was under sixteen, or the female under fourteen years of age at the time of the marriage, and the marriage was without the consent of the father, mother, guardian, or other person having the proper charge of his or her person, and has not been ratified by cohabitation after that age.

$ 6. Where persons resident in this Commonwealth shall 2 R. S., 5. marry in another State, such marriage shall be valid here, if other State, then valid in the State where solemnized.

$7. No marriage solemnized before any person professing Marriages before to have authority therefor shall be invalid for the want of sons valid if con

summated in good such authority, if it is consummated with the belief of the faith. parties, or either of them, that he had authority, and that they have been lawfully married. $ 8. Marriage shall be solemnized by the following persons who may solem

nize marriages. only:

ob.

If valid in an

valid here.

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