Another class of legacies is known as demonstrative legacies, which partake both in the nature of general and specific legacies. 9. The law makes provision for the descent and distribution of property of one dying in case he leaves no will. The usual mode of descent and distribution under the law is, first, to the children or their descendants in equal shares; second, if there be no children or their descendants, then to the father, mother, brothers and sisters and their descendants in equal shares; third, if neither of the two first mentioned classes exist, then to the husband or wife, and if there be no husband or wife, then to the grandfathers, grandmothers, uncles and aunts; fourth, if none of these classes exist, then to the great-grandfathers, great-grandmothers and their descendants, in equal parts. Where property descends and is distributed by law, it should be remembered that the personal property descends and is distributed according to the law of the decedent's domicile, but the real property descends and is distributed according to the law of the jurisdiction wherein the property is. In determining the method of distribution when distribution is made according to law, it will be seen that the property first descends to the children or their descendants, in equal shares. If all of his children are living at the time of the decedent's death, each will take his share per capita but should some of his children be dead, leaving descendants, then those of the children living take per capita, and the children of those dead take per stirpes or by representation the share which their deceased parent would have taken. 10. It will be observed that where the law makes provision for descent and distribution, the husband or wife is an heir only in the cases where there are no children, nor father, mother, brothers or sisters or their descendants, and this is for the reason that the law has made other provision for the surviving husband or wife: in the case of the husband, his right of curtesy; in the case of the wife, her right of dower, and as to curtesy and dower reference is made in the discussion of these subjects under the head of Real Property. If there be no heirs whatsoever, the property of the decendent will escheat to the State. 11. The administration of the estate of a deceased person is left generally to courts which are termed Probate Courts, which control the handling of the estate from the time of the death of the decedent until it be distributed, either to the persons named in the will, or to those made heirs by the law. For the purpose of administering the estate during this period, two classes of agents are provided, first, the agent may be named by the testator in his will, in which case the agent is called an executor if he be a man, and an executrix if she be a woman. If no person is named in the will, or the decedent dies intestate, then some one is appointed by the court and he is called an administrator, or, if she be a woman, an administratrix. During the period of administration the title to all the personal property of the decedent vests in the executor or administrator. The title to the real estate, however, will vest immediately in the persons named in the will as devisees, or in the heirs, unless the will expressly provides that the executors shall take charge of the real estate. This is because the real estate is supposed to go direct to the devisees or heirs without the intervention of any administration. If, however, the personal estate of the decedent be insolvent, then the Probate Court may direct the executor or administrator to take charge of the real estate and sell the same to pay the debts of the decedent. 12. Upon the death of the person leaving property, the law aims at two things, first, that out of the property so left the debts of the decedent shall be paid, and after they have been paid, second, the balance of the estate shall go under the will or under the law to the legatees, who are persons named in the will to whom personal property is bequeathed, or to the devisees, who are persons named in the will to whom real property is devised, or to the heirs of the deceased in case no will is made. 13. For the faithful administration of the estate the execu tor or administrator is usually required to furnish bond. Upon doing so he is duly qualified to take charge of the estate, and it becomes his duty to inventory all of the property of the estate and to have the same valued. To them are presented the claims of various creditors of the deceased, these claims are heard by the court, and are allowed or disallowed according to the justness of them, and if allowed are paid by the administrator or executor under order of court, Certain characters of claims have priority, so the funeral expenses, expenses of the last sickness, wages of servants, and taxes are to be paid in full out of the assets of the estate in priority to other claims, and if the estate be insolvent, these claims do not abate pro rata but are paid in full, and the other claims abate pro rata. Claims must be presented within a certain time, variously fixed by the law, and if not so preented are held to be barred under a special statute of limitations. |