having real estate of inheritance, the gift of either of his parents, such parent, if living, shall inherit the whole of such estate.

fant derived from one parent to descend to that pa

§ 9. If an infant dies without issue, having title to real Estate of an inestate derived by gift, devise, or descent from one of his parents, the whole shall descend to that parent and his or rent or his heirs. her kindred, as hereinbefore directed, if there is any; and if none, then in like manner to the other parent and his or her kindred; but the kindred of one shall not be so excluded by the kindred of the other parent, if the latter is more remote than the grandfather, grandmother, uncles, and aunts of the intestate, and their descendants. (a)

Parceners to be

§ 10. No parcener shall have any privilege over another R. S., 423. in any election, division, or matter to be done or made, concerning lands which shall have descended to them.

equal.

how distributed.

§ 11. Where any person shall die intestate as to his per- Personal estatesonal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the same proportions, to whom and in which real estate is directed to descend, except as follows:

First. The personal estate of an infant shall be distributed as if he had died after full age.

Secondly. An alien may be a distributee as though he were a citizen.

Thirdly. A husband shall have the whole surplus of a deceased wife's personal estate.

Fourthly, If the intestate leaves issue, his widow shall have one third, and if no issue, one half of such surplus.

Fifthly. The following list of articles are exempt from distribution and sale, and shall be set apart to the widow or infant child or children, by the appraisers of the estate of an intestate, to-wit: Two horses, or one horse and yoke of oxen; and if not on hand, other property or money not to exceed in value $100 for each work horse or yoke of oxen; ten head of sheep; if none on hand, other property or money not to exceed $1 50 per head; two cows and calves;

Acts 1870, 100.

To be set apart

to widow.

(a) An infant by a second marriage dies the owner of land inherited from its deceased father. The surviving mother will take a share double that of the children of the same father by a former marriage. (Milner vs. Calvert, 1 Metcalfe, 473.)

2. Real estate derived by devise, gift, or descent to an infant from the maternal grandfather, will, if the infant dies without issue, descend to the father. The ninth section embraces only estate acquired by descent, gift, or devise from the parents. (Smith's executor vs. Smith, &c., 2 Bush, 520.)

if none, other property or money not to exceed $20 for each cow and calf; all the poultry on hand; if none, other property or money not to exceed $5; all the spun yarn and manufactured cloth and carpeting manufactured by the family necessary for its use; if none, in lieu thereof, other property or money not to exceed $20; all of the wearing apparel; the family Bible and one table; or in lieu of the family Bible and table, $3 each; one loom, spinning-wheel and cards, or in lieu thereof, either money or property, not to exceed $15; two beds, bedding, and furniture; if not on hand, either property or money, not to exceed $40 in value, each; one half dozen plates; one half dozen cups and saucers; one coffee-pot; one tea-pot; one half dozen knives and forks; one oven and pot; if none on hand, other property or money, not to exceed one dollar each; one cooking stove and appendages and other cooking utensils, not exceeding $25 in value; but if not on hand, nothing shall be set apart in lieu thereof; one half dozen chairs, or so many as shall not exceed $8 in value; and if not on hand, other property or money, not to exceed $8; one saddle and appendages, together with bridle; and if not on hand, other property or money, in lieu thereof, not to exceed $10; one plow and gear, or in lieu thereof, if none on hand, other property or money, not to exceed $10; one ax, one hoe; if none, other property or money, not exceeding $1 each; one sewing machine, if on hand; if not, nothing shall be set apart in lieu of it; a sufficiency of provisions, including breadstuffs, to sustain the widow and infant children residing with her one year; and if there is not a sufficiency of provisions on hand for that purpose, then so much of the live stock suitable for that purpose, and of the growing crop, if any, as may be necessary to supply the deficiency; and if not on hand, other property or money, in lieu thereof, not exceeding $50, for the support of the widow and each infant child living with her. If there is an infant child or children, and no mother surviving, there shall be set apart for the support of such infant child or children the articles aforesaid; and if such articles are not on hand, then other articles or money shall be set apart in licu thereof; but in no case shall appraisers set apart, to either widow, or child or children, property or money in lieu of the articles allowed by law, of greater value in the aggregage than $750. Widows with

out infant children shall have the property aforesaid set apart to them, the same as if they had infant children residing in the family, except there shall not be anything set apart for the support of infant children, if there be none residing in the family with the widow. The appraisers shall state in their appraisement the articles, and value of each, set apart by them to widows or infants, separately from the articles appraised for sale. The provisions of this section shall apply to cases where the husband dies testate, and the widow renounces the provisions of the will in the time prescribed by law (a).

§ 12. When a widow claims her dowable and distributable share of her husband's estate, she shall be charged with the value of any devise or bequest to her by his will; or she may, though under full age, relinquish what is given her by the will, and thereupon receive her dower and distributable share, as if no will had been made; but such relinquishment must be made within twelve months after the probate, and acknowledged before and left for record with the clerk of the court where probate was made, or acknowledged before a subscribing witness, and proved before and left with the clerk. But if within said twelve months an appeal be taken from the judgment of the county court probating the will, the widow shall not be required to make such relinquishment until within the twelve months succeeding the time such appeal is disposed of. Nothing herein shall preclude the widow from receiving her dowable and distributable share, in addition to any devise or bequest made to her by the will, if such is the intention of the testator, plainly expressed in the will, or necessarily inferable therefrom.

13. The foregoing provisions in favor of the wife are all subject to this condition: if she voluntarily leaves her husband and lives in adultery, she shall have no part of the personal estate of which he dies intestate, unless her husband, after she so left him, became reconciled to her and suffered her to live with him.

R. S., 424.

Dower, renunci

ation of will, etc.

R. S., 425. Adultery forfeiture of dower.

Separation by the

§ 14. Where the husband separates from the wife and husband, and livlives apart from her in adultery, and she dies without a

ing in adultery, forfeits his claim to wife's estate.

(a) The title to property set apart to a widow, as exempt from execution, will, if there be no infant children residing with her, and no children at all, either infant or adult, vest absolutely in her. (Newman vs. Winlock's administrator, 3 Bush, 241; see also Husbands vs. Bullock, Duvall, 22-3.)

hotchpot.

reconciliation and cohabitation, he shall have no part of her personal estate as a distributee.

§ 15. Any real or personal property or money, given or Advancements devised by a parent or grandparent to a descendant, shall be charged to the descendant, or those claiming through him, in the division and distribution of the undevised estate of the parent or grandparent, and such party shall receive nothing further therefrom, until the other descendants are made proportionately equal with him, according to his descendible and distributable share of the whole estate, real and personal, devised and undevised. The advancement shall be estimated according to the value of the property when given. The maintaining or educating, or the giving of money to a child or grandchild, without any view to a portion or settlement in life, shall not be deemed an advancement.

1 R. S., 427.

§ 16. Advancements made to distributees shall not be Advancements to taken as part of the decedent's personal estate, in estimating to be estimated the distributable share of the widow therein.

distributees not

in the allotment of dower.

Myers' Sup., 258.

How persons may at-law.

be adopted heir

By consent, court

may give peti

§ 17. Any person, twenty-one years of age, may, by petition filed in the circuit court of the county of his residence, state in substance that he is desirous of adopting a person, and of making him capable of inheriting as heir-at-law of such petitioner; and said court shall have authority to make an order declaring such person heir-at-law of such petitioner, and, as such, capable of inheriting as though such person were the child of such petitioner; but no such order shall be made if the petitioner be a married man or woman, unless the husband or wife join in the petition.

§ 18. Said court shall have authority, by consent of parties, to give the petitioner the parental control of such adopted person, if an infant; and said petitioner shall be under the same responsibilities as if the person so adopted Personal repre- were his own child.

tioner control of

such adopted per

son.

sentative may dis

tribute 9 months § 19. A personal representative, nine months after qualification, may distribute the estate of a decedent.

after he qualifies.

CHAPTER 32.

DUELING.

Persons engaged in, liable to damages.

§ 1. The widow and minor child of a person killed in a duel, or either of them, may have an action against the surviving principal, the seconds, and all others aiding or promoting the duel, or against any one or more of them, for reparation of the injury, and in which the jury may give vindictive damages, for the suppression of the practice of dueling.(a)

1R. S., 429. widow and minor

Action allowed

children for dam

ages.

are competent

§ 2. The failure to include any of the persons designated Parties not sued by the last section as defendants in the action, shall dis- witnesses. charge them from liability under that section. The testimony of such persons, thus given, shall not be used in any prosecution by the Commonwealth, or other procedure, to recover a penalty against such persons.

R. S.,

430. Term" election

§ 1. Whenever in this chapter, or in any statute hereafter passed, it is said an election shall be held, or an equivalent defined.

(a) The rule of the common law, that a party injured by an act which is felonious, cannot seek civil redress until the matter of the felony has been disposed of, has never been recognized in Kentucky. (Williams vs. Hedricks, Printed Decisions, 203.) The party is liable both to a prosecution and to a civil action at the same time. (Buford vs. Commonwealth, 14 B. M., 25.)