In all cases in which the plaintiff is a resident of the county in which the action is brought, he must furnish security for costs before commencing such action. Security need not be furnished, provided costs are paid as they accrue.

CHAPTER XI.

APPEALS.

In actions at law, final judgments and orders may be reviewed on writ of error, or petition in error sued out at any time within three years after rendition.

In chancery cases, review may be had by appeal, if the appeal is perfected within thirty days after the decree complained of.

Where the judgment or decree sought to be reviewed is for the payment of money, security must be given in double the amount of the decree or judgment. In other cases the amount of security is fixed by the Court.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Estates of deceased persons are settled in the Probate Courts through the usual means of executors and administrators.

Claims against the estate must be presented within one year after the granting of letters testamentary or of administration, and if not so presented, are forever barred.

Every executor and administrator must exhibit a statement of the accounts of his administration for settlement, with proper vouchers, to the Probate Court, at its first term after the end of six months from the date of his letters, and at the corresponding term of Court every six months until administration be completed.

CHAPTER XIII.

DESCENTS AND DISTRIBUTION OF PROPERTY.

1. 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 de

scend 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 or 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, and such intestate leave a husband or wife and no child nor descendant of any child, then the whole thereof shall descend to and vest in the surviving husband or wife as his or her absolute estate, subject to the payment of debts as aforesaid. Dower and the tenacy 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 his children surviving, and the descendants of his children who are dead, (the descendants collectively taking the share 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 parent would have taken if living) in equal parts.

Third-If there be no children nor their descendants, nor father, 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.

2. All posthumous children or descendants of the intestate 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 intestate's death.

3. Children, and descendants of children of the half-blood shall inherit the same as children and descendants of the whole blood, but

of

collateral relations of the half-blood shall inherit only half the measure of collateral relatives of the whole blood, if there be any the last-named class living.

4. Where any of the children of the intestate shall have 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.

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

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

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

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

9. Probate Judges and administrators of the estates of persons dying intestate within this Territory, shall apportion and distribute estates of intestates according to this Act.

10. The rule of descent of all property of whatsoever kind or nature, real or personal, of any bastard or illegitimate 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 the suvriving 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 children, or descendants of a child or children, then the whole property and estate, rights, credits and effects shall descend to and vest in the widow or surviving husband. In case of any such illegitimate person leaving no widow, surviving husband, or descendants, then the property and estate of such person shall descend to 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 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.

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 for 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.

12. When an inventory shall have been made of the personal estate of any testator or intestate, the widow may relinquish her right to 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; 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.

13. The right of a widow to her separate property shall 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.