Nature and designation of legacies. Specific. CHAPTER III. General Provisions. SECTION 1. Legacies are distinguished and designated, according to their nature, as follows: 1. A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator; 2. A legacy is demonstrative when the particular Demonstrative. fund or personal property is pointed out from which it is to be taken or paid; if such fund or property fails, in whole or in part, resort may bé had to the general assets, as in case of a general legacy; Annuities. Residuary. General. Order of sale in tate. 3. An annuity is a bequest of certain specified sums periodically; if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy; 4. A residuary legacy embraces only that which remains after all the bequests of the will are discharged; 5. All other legacies are general legacies. SEC. 2. When a person dies intestate all his property, case of an intes- real and personal, without any distinction between them, is chargeable with the payment of his debts, except as otherwise provided in this act and the act relating to procedure of probate courts in the settlement of estates. Order of sale in SEC. 3. The property of a testator, except as othercase of a testator wise specially provided for in this act and the act relating to procedure of probate courts in the settlement of estates must be resorted to for the payment of debts, in the following order. 1. The property which is expressly appropriated by the will for the payment of the debts. 2. Property not disposed of by the will. 3. Property which is devised or bequeathed to a residuary legatee. 4. Property which is not specifically devised or bequeathed; and 5. All other property ratably. Before any debts are paid, the expenses of the administration and the allowance to the family must be paid or provided for. Legacies, how debts. SEC. 4. The property of a testator, except as otherwise specially provided in this act and the act relating to charged with procedure of probate courts in the settlement of estates must be resorted to for the payment of legacies, in the following order: 1. The property which is expressly appropriated by the will for the payment of the legacies. 2. Property not disposed of by the will. 3. Property which is devised or bequeathed to a residuary legatee. 4. Property which is specifically devised or bequeathed. SEC. 5. Legacies to husband, widow, or kindred of any class are chargeable only after legacies to persons not related to the testator. SEC. 6. Abatement takes place in any class only as Abatement. between legacies of that class, unless a different intention is expressed in the will. SEC. 7. In a specific devise or legacy, the title passes Specific devises by the will, but possession can only be obtained from the and legacies personal representative; and he may be authorized by the probate court to sell the property devised and bequeathed, in the cases herein provided." ance, good unproved within less will is four years SEC. 8. The rights of a purchaser or incumbrancer Heir's conveyof real property, in good faith and for value derived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless the instrument containing such devise is duly proved as a will, and recorded in the office of the clerk of the probate court having jurisdiction thereof, or unless written notice of such devise is filed with the recorder of the county where the real property is situated, within four years after the devisor's death. Possession of SEC. 9. Where specific legacies are for life only, the first legatee must sign and deliver to the second legatee, or, legatees. if there is none, to the personal representative, an inventory of the property, expressing that the same is in his custody for life only, and that, on his decease, it is to be delivered and to remain to the use and for the benefit of the second legatee, or to the personal representative, as the case may be. Bequest of SEC. 10. In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the interest. testator's death. SEC. 11. A legacy or a gift in contemplation, fear, Satisfaction. or peril of death, may be satisfied before death. Legacies, when due. Interest. Construction of these rules. Executor accor ding to the tenor. Power to ap SEC. 12. Legacies are due and deliverable at the expiration of one year after the testator's decease. Annuities commence at the testator's decease. SEC. 13. Legacies bear interest from the time when they are due and payable, except that legacies for maintenance, or to the testator's widow, bear interest from the testator's decease. SEC. 14. The four preceding sections are in all cases to be controlled by a testator's express intention. SEC. 15. Where it appears, by the terms of a will, that it was the intention of the testator to commit the execution thereof and the administration of his estate to any person as executor, such person, although not named executor, is entitled to letters testamentary in like manner as if he had been named executor. SEC. 16. An authority to an executor to appoint an point is invalid. executor is void. Executor not to act until qualified. Provisions as to revocations. Execution and prior wills not affected. SEC. 17. No person has any power, as an executor, until he qualifies, except that, before letters have been issued, he may pay funeral charges, and take necessary measures for the preservation of the estate. SEC. 18. The provisions of this Chapter in relation to the revocation of wills apply to all wills made by any testator living at the expiration of one year from the time it takes effect. SEC. 19. The provisions of this Chapter do not imconstruction of pair the validity of the execution of any will made before it takes effect or affect the construction of any such will. SEC. 20. The validity and interpretation of wills, wherever made, are governed, when relating to property within this Territory, by the law of this Territory. The law of what place applies. Liability o beneficiaries for testator's obligations. SEC. 21. 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 act relating to Procedure of Probate Courts in the settlement of estates. TITLE II. SUCCESSION. Succession de SECTION 1. Succession is the coming in of another to take the property of one who dies without disposing of fined it by will. sion of estates SEC. 2. The property, both real and personal, of one Who first sucwho dies without disposing of it by will, passes to the heirs ceeds to posses of the intestate, subject to the control of the probate court, not devised. and to the possession of any administrator appointed by that court for the purposes of administration. Succession to of property. SEC. 3. When any person having title to any estate not otherwise limited by marriage contract, dies without and distribution disposing of the estate by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this act and the act relating to procedure of probate courts in the settlement of estates subject to the payment of his debts, in the following manner: 1. If the decedent leave a surviving husband or wife, and only one child, or the issue of one child, in equal shares to the surviving husband, or wife and child, or issue of such child. If the decedent leave a surviving husband or wife, and more than one child living, or one child living, and the issue of one or more deceased children; one-third to the surviving husband or wife, and the remainder in equal shares to his children, and to the issue of any deceased child, by right of representation; but if there be no child of the decedent living at his death, the remainder goes to all of his lineal descendants; and if all of the descendants are in the same degree of kindred to the decedent, they share equally, otherwise they take according to the right of representation. If the decedent leave no surviving husband or wife, but leave issue, the whole estate goes to such issue; and if such issue onsists of more than one child living, or one child living, and the issue of one or more deceased children, then the estate goes in equal shares to children living, or to the child living, and the issue of the deceased child or children by right of representation; 2. If the decedent leave no issue, the estate goes onehalf to the surviving husband or wife, and the other to the decedent's father and mother, in equal shares, and if either be dead, the whole of said half goes to the other. If there be no father or mother, then one-half goes in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister, by right of representation. If the deedent leave no issue, nor husband nor wife, the estate must go to his father and mother in equal shares, or if either be dead, then to the other. 3. If there be neither issue, husband, wife, father nor mother, then in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister, by right of representation; 4. If the decedent leave a surviving husband or wife, and neither issue, father, mother, brother, nor sister, the whole estate goes to the surviving husband or wife; 5. If the decedent leave neither issue, husband, wife, father, mother, brother, nor sister, the estate must go to the next of kin, in equal degree, excepting that when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claimed through the nearest ancestors must be preferred to those claiming through an ancestor more remote. 6. If a decedent leave several children, or one child and the issue of one or more children, and any such surviving child dies under age, and not having been married, all the estate that came to the deceased child by inheritance from such decedence descends in equal shares to the other children of the same parent, and to the issue of any such other children who are dead, by right of representation; 7. If, at the death of such child who dies under age, not having been married, all the other children of his parents are also dead, and any of them have left issue, the estate that came to such child by inheritance from his parents descends to the issue of all other children of the same parent; and if all the issue are in the same degree of kindred to the child, they share the estate equally, otherwise they take according to the right of representation; 8. If the decedent be a widow or widower, and leave no kindred, and the estate or any portion thereof was common property such decedent and his or her deceased spouse, while such a spouse was living, such common property shall go to the father of such deceased spouse, or if he be dead, to the mother. If there be no father nor mother, then such property shall go to the brothers and sisters of such deceased spouse, in equal shares, and to the |