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CHAPTER 42.

Parcenary distribution.

Proviso.

Dower ished.

DISTRIBUTION.

AN ACT Regulating Descent and Distribution of Property.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That, whenever any person having title to any real estate or property, having the nature or legal character of real estate or personal estate undisposed or otherwise limited by marriage settlement, shall die intestate as to such estate, it shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts in the following course and manner, namely: If such intestate leave a husband or wife and children, or the descendants of any children, him or her surviving, one half of such estate shall descend to such surviving husband or wife, and the residue thereof to such surviving children and descendants of children, as hereinafter limited; if such intestate leave a husband or wife and no child nor descendants of any child, then the real and personal estate of such intestate shall descend as follows, to-wit: Three-fourths thereof to such surviving husband or wife, and one-fourth thereof to the father and mother of the intestate, or the survivor of them. Provided, That if the estate of such intestate, real and personal, does not exceed in value the sum of ten thousand dollars, then the whole thereof shall descend to and rest in the surviving husband or wife, as his or her absolute estate, subject to the payment of debts as aforesaid. abol- Dower and the tenancy by the courtesy are abolished, and neither husband nor wife shall have any share in the estate of the other, save as herein provided. Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows:

First, to children.

Second, to father, etc.

Third, collat

First, To his children surviving, and the descendants of his children who are dead, (the descendants, collectively, taking the share which their parent would have taken if living);

Second, If there be no children, nor their descendants, then to his father, mother, brothers and sisters, and to the descendants of brothers and sisters who are dead, (the descendants, collectively, taking the share their parents would have taken if living,) in equal parts;

Third, If there be no children nor their descendants, nor father, eral relatives. mother, brothers, sisters, nor descendants of deceased brothers or sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendants, (the descendants

taking, collectively, the share of their immediate ancestors) in equal parts.

children.

SEC. 2. All posthumous children or descendants of the intestate Posthumous shall inherit in like manner as if born in the lifetime of the intestate; but no right of inheritance shall accrue to any person other than the children or descendants of the intestate, unless they are in being, and capable in law of taking, as heirs, at the time of the intestates death.

SEC. 3.

Children, and descendants of children of the half-blood, Half-blood. shall inherit the same as children and descendants of the whole blood, but collateral relations of the half-blood shall inherit only half the measure of collateral relatives of the whole blood, if there be any of the last named class living.

SEC. 4. Where any of the children of the intestate shall have Advancement received in his lifetime, any real or personal estate, by way of advancement, and the other heirs desire it to be charged to him, the probate judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.

etc.

SEC. 5. The maintenance, education or supply of money to a Maintenance, child under the age of majority, without any view to apportion or settlement in life, shall not be deemed an advancement under section. four of this title.

SEC. 6. The alienage of the descendants shall not invalidate Alienage. any title to real estate which shall descend from him or her.

SEC. 7. Illegitimate children shall inherit the same as those legitimacy. born in wedlock, if the parents subsequently intermarry, and such children be recognized after such intermarriage by the father, to his illegitimate children, inherit from the mother and the mother from the children.

Divorces of husband and wife shall not affect the right Divorces. of children personally together, to inherit their property.

tion.

SEC. 9. Probate judges and administrators of the estate of Who to apporpersons dying intestate within this Territory, shall apportion and distribute estates of intestates according to this act.

person leavi'g

SEC. 10. The rule of descent of all property of whatsoever Rule of de kind or nature, real and personal, of any bastard or illegitimate scent. person dying intestate in this Territory, and leaving property and effects therein, shall be as follows, to-wit: On the death of any such person intestate, his or her property, estate and effects, shall descend to, and vest in, the widow or surviving husband and children, as the property and effects of other persons, in like cases. In case of the death of any such illegitimate person leaving no Illegitimate children or descendants of a child or children, then the whole prop- no children. erty and estate, rights, credits, and effects shall descend to, and vest in the widow or surviving husband. In case of any such ille- Leaving no gitimate person leaving no widow, surviving husband or descend- right shall be ants, then the property and estate of such person shall descend to, mother. and vest in, the mother and her children, and their descendants; to the mother one half, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestors. In

widow, the

vested in the

heirs, how dis

posed of.

Leaving no case of the death of any such illegitimate person leaving no heirs, as above provided, then the property and effects of whatsoever kind or nature, shall pass to, and vest in, the next of kin to the mother of such illegitimate person, in the same manner as the estate of a legitimate person, would, by law, pass to the next of kin.

Widow allowed absolute property.

may

Widow relinquish.

SEC. 11. If any decedent leaves a widow residing in this Territory, in all cases she shall be allowed to have and retain, as her sole and separate property, one bed and bedding, wearing apparel of herself and family, two cows, her saddle and bridle, one horse, household furniture for herself and family, and also the same amount and species of property, real and personal, as is, or may be, by law exempt from execution. Said property shall be retained by the widow, and set apart to her by the executor or administrator, and shall, in no case be subject to the payment of debts of the deceased.

SEC. 12. When an inventory shall have been made of the personal estate of any testator or intestate, the widow may relinquish her right, to any, or all of the specified articles of property allowed to her by the preceding section, or in case the intestate shall not leave any, or all of the articles specified, in either case she shall be entitled to other property, or the value of the same in money, part in money and it shall be the duty of the administrator or court of probate to allow the value of the articles specified by law to be set apart to the widow of any intestate, to be allowed her in money, or other personal property at her election.

Value set a

Right of wid

ed.

SEC. 13. The right of a widow to her separate property shall ow not affect in no case be affected by her renouncing, or failing to renounce, the benefit of the provisions made for her in the will of her husband, or otherwise.

Approved, December 10, 1869.

CHAPTER 43.

DISTRIBUTION OF THE LAWS.

AN ACT to Regulate the Distribution of the Laws of Wyoming Territory.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That the secretaay of the Territory be, and hereby Laws. is authorized to distribute the laws of the Territory, as hereinafter prescribed.

SEC. 2. The county clerk of each organized county shall make Requisition. a requisition on the secretary of the Territory for as many copies of the laws as said county may be entitled to, and he shall name the conveyance or means of transportation, and also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition, the secretary shall at once forward the required number of laws as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of the Territory; Provided, That the county so obtaining Proviso. laws be at the cost of the carriage of the same.

SEC. 3. The county clerk shall distribute one copy of the laws to each officer of the county or precinct, and one copy to each notary public. SEC. 4.

Distribution,

Each county officer shall deliver up to his successor in Delivery to office, all statutes which shall have come into his possession under successor. the provisions of this act, as soon as his successor shall have qualified.

SEC. 5. The members of each legislative assembly shall be Members of furnished by the secretary, at the commencement of each session legislature. for which they were elected, with one copy each of the laws of the preceding sessions.

of

the Territory

SEC. 6. It shall be the duty of the secretary, upon receiving Notification. the laws aforesaid, to notify the county clerk of each and every organized county, that said laws are ready for distribution, and that he can receive the number of copies to which his county is entitled, upon making a requisition for the same. The secretary of Secretary the Territory is hereby also authorized and required annually, and shall distribfrom time to time, immediately after their publication in volumes, ute the laws, to deposit fifty copies of the laws of the Territory in the Territorial library for the use of the legislature. He shall also deposit with the Territorial librarian, forty copies of the laws heretofore published, and a like number of volumes hereafter published,

In force]

immediately upon their receipt by him, to be exchanged by said librarian with the States and Territories of the United States, and distribute to the following public officers, persons, corporations and societies one copy each, that is to say: The governor, members of the legislature, secretary of the council, clerk of the house, the delegate in congress, the secretary of the Territory, each judge of the Territory, attorney general, Territorial auditor and treasurer, attorney general of the United States, the library of congress, and the President of the United States.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved, December 10, 1869.

[NOTE.-Section 6 was amended to read as above, December 11th, 1873.-COMPILERS.]

Distribution.

AN ACT to Authorize the Secretary of the Territory to Distribute to the Members of the
Present Session of the General Assembly the Laws of Wyoming Territory for the
Year 1869.

Be it Enacted by the Council and House of Representatives:

SECTION 1. That the secretary of the Territory be, and is hereby authorized to distribute to each member of the present session of the general assembly, one copy of the laws of Wyoming Territory, passed by the first session of the legislature of Wyoming Territory in the year 1869.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved November 14, 1873.

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