what place § 505. Except as otherwise provided, the validity and The law of interpretation of wills is governed, when relating to real applies. property within this state, by the laws of this state; when relating to personal property, by the law of the testator's domicil. § 506. Those to whom property is given by will, are liable for the obligations of the testator in the cases and to the extent prescribed by the Code of Civil Procedure. See Appendix D, ch. 3. Liability ciaries for of beneй testator's obligations. TITLE VI. SUCCESSION. NOTE.-The object of the very important change proposed by this title, is to simplify the settlement of estates, and particularly titles to real property, by vesting the whole estate of the decedent in the executors or administrators. By the existing law the term "real property" as between the heir and the executor, has a very different extent of meaning from the same term in other uses, and doubtless different from that popularly attached to it by testators and others contemplating the provision which their families may require in case of their death. There seems to be no reason why the property of the landholder should be devolved by law upon one class of persons, while the property of the merchant, who may leave a family situated in the same circumstances, is devolved by law upon another class, or in a different method. For this reason the commissioners recommend one method of distribution for both real and personal property, and for this purpose have followed substantially the method the law now pursues in respect to personal property. In case it is not thought best to adopt this change, the provisions of another chapter upon this subject, contained in Appendix A, at the end of this report, will be found to present the present distinction between real and personal property as between heir and executor, and the statutes of distribution and descent, with some modifications which those rules seem to require. SECTION 507. Succession defined. 508. Office of personal representatives. 509. Certain personal and other property not assets but retained Succession defined. SECTION 510. Order of succession to personal property. 1. Husband. 2. Widow and children. 3. Widow and next of kin. 4. Widow alone. 5. Children alone. 511. Where there is neither widow nor children. 512. Relatives in equal degree; in unequal degrees. 513. Several heirs, how to hold. 514. Abolition of dower and curtesy. 515. Certain estates, &c., not to be affected. 516. Trusts. 517. Trust estates vest in the Supreme Court. 518. Succession to real property of a copartnership. 519. When advancement to be set-off or deducted. 520. Relatives of the half blood. 521. Computation of degrees. 522. Aliens. 523. Alienism of relative. 524. Mother, &c., of illegitimate decedent may succeed. 525. Illegitimate child may succeed to mother's property. 527. Posthumous relatives. 528. Divorce bars succession between the parties. 529. Who are representatives. 530. Escheat. 531. Liability of successors for decedent's obligations. § 507. Succession is the coming in of another to take the property of one who dies without disposing of it by will. But NOTE.-The term "descent," hitherto chiefly used in this state to denote the devolution of an inheritance, was derived from the ancient principle of the English law, that an inheritance could never ascend or pass from son to father, but must descend or pass to descendants. as the American law allows property to pass in both ways, there arises an incongruity in continuing this use of the term; an incongruity which causes practical embarrassment, since the word "descendants" must still be confined to its strict meaning and cannot embrace all those who may take by our statute of descents, so called, and the word "descend" must often be used in the same view and in contradistinction to the devolution of property in the ascending line. The term "succession" is the more appropriate phrase of the civil law, and this, already in common use among us, the commissioners have adopted to denote the transmission of the property of a decedent by operation of law. personal § 508. The property, both real and personal, of any one office of who dies without disposing of it by will, passes to the per- representasonal representatives of such person, as trustees: 1. To make the provision for the surviving husband or wife and child, which is directed by section 509; 2. To apply it to the payment of the debts of the decedent, according to the title on Wills and the provisions of the CODE OF CIVIL PROCEDURE; 3. To distribute any remaining property among those entitled to succeed to the property of the decedent, according to the provisions of this title. The personal representatives of a decedent are his executors or administrators, including administrators with will annexed, who have duly qualified according to the provisions of the CODE OF CIVIL PROCEDURE. See these provisions in Appendix D. § 509. Where the decedent left a husband, widow, or child, the following property is to be transferred and delivered by the personal representative, to such widow, or husband, and child or children, and is not to be deemed assets: 1. Any estate or interest, to the value of one thousand dollars, in a lot and buildings thereon, occupied as a residence by the decedent, and which, by law, is exempt, as a homestead, from sale on execution; 2. All sewing machines, spinning wheels, weaving looms, and stoves, used by the family; 3. The family Bible; one pew, family pictures, and school books used by the family; and books, not exceeding in value one hundred dollars, used as part of the family library; 4. Sheep, to the number of ten, with their fleeces, and the yarn and cloth manufactured from the same; two cows, four swine; 5. All wearing apparel and clothing, and the wife's ornaments, proper for her station; all necessary beds, bedsteads and bedding; necessary cooking utensils; three tables, twelve chairs; knives and forks; plates, teacups tives. Order of succession property. and saucers; one sugar-dish, one milkpot, one teapot, one coffeepot, and twelve spoons; 6. All family stores, or provisions, or supplies, for ordinary domestic use; 7. Household furniture, or other personal property, or money, to the value or amount of two hundred and fifty dollars; 8. Letters and other private communications in writing. Such property is to remain in the possession of the husband or widow, if there is one, during the time such husband or widow and child or children, or two or more survivors of them, reside together. When any one ceases so to reside, he is entitled to receive an equal share, or the value thereof, of such property, except that a widow may retain, as her own, her wearing apparel and her ornaments. Modified from 2 R. S., 83, §§ 9, 10; Laws of 1850, 499; Laws of 1859, 343. Subdivision 8 is new. § 510. All property remaining after payment of debts, to personal and, where the decedent left a will, after satisfying also the gifts of the will, is to be distributed, together with any damages recovered by the personal representative for any wrongful act, neglect or default which caused the decedent's death, to the successors of the decedent as follows: Husband. Widow and children. 1. If the decedent leaves a husband the whole surplus goes to him, notwithstanding it was the separate property of the wife, provided she did not, during the marriage, alienate such property, or effectually dispose of the same on her decease by will or by gift in view of death; It is held that the Married Woman's Acts of 1848 and 1849, do not affect the question of the succession to property left by a wife on her death. (Ransom a. Nichols, 22 N. Y., 110, and see Vallance a. Bausch, 28 Barb., 633, and Billings a. Baker, 28 Barb., 343, and cases there cited.) The commissioners have therefore declared the rule as above. 2. If the decedent leaves a widow and lineal descendants, one-third part goes to the widow, and the other two-thirds to the nearest lineal descendants and the successors of those who are deceased; next of kin. 3. If the decedent leaves a widow and no descendants, Widow and and leaves a father or mother, brother or sister, the whole surplus, if it does not exceed in value at the time of distribution ten thousand dollars, goes to the widow; if it exceeds ten thousand dollars, but does not exceed twenty thousand dollars, then ten thousand dollars goes to her; if it exceeds twenty thousand dollars, then one-half goes to her. The remainder, if any, goes to the father and mother or either of them, if any, and if there are none, to the brothers and sisters or either of them; alone. 4. If the decedent leaves a widow and no descendant, Widow parent, brother, or sister, the whole surplus goes to the widow; Children 5. If the decedent leaves no widow, the whole surplus er goes equally to the nearest lineal descendants and the successors of those who are deceased. NOTE. This and the following section are modified from 2 R. S., 96, § 75, as amended by Laws of 1845, 257, ch. 236. § 511. If there is no widow and no descendant, the whole surplus goes to the next of kin, and the successors of those who are deceased, as follows: 1. To the father or mother, or either of them; 2. If there is no parent, to the brothers and sisters, in equal shares, and the successors of those who are deceased; 3. If there is no parent or brother or sister, or successor of a brother or sister, then to the next of kin and the successors of those who are deceased. The successors of a deceased parent cannot take by representation in his or her place. Where neither there is widow nor children. Relatives § 512. Where the successors of the decedent, except pa- Ret rents, are all in equal degree of consanguinity to the decedent, degree. their shares are equal; but if several are of unequal degree, In unequal each of the nearest degree succeeds to the share to which he would have been entitled had all those in the same degree, who have died leaving issue, been living; and the issue of those who have died, respectively succeed to |