to administer oaths; and shall have power to administer oaths to all persons who shall be called to give evidence in any matter to be tried before them, and to compel the attendance of any witnesses in the same manner and by the same process that courts of record have. SEC. 5. The court of probate shall allow six, twelve or eighteen months' time, as the circumstances of any estate may require, unto the creditors, to bring in their claims and prove their debts; and if it shall be made to appear to said court before the actual distribution of any of the estate, as is hereinafter provided, that any of the creditors of the deceased have neglected, through accident or mistake, to present their claims to the said commissioners, within the time limited for that purpose, said court may extend the time for presenting claims to any period not exceeding eighteen months from the date of the commission; and such notice shall be given of such extension as said court may direct. SEC. 6. At the end of the time limited as aforesaid, the commissioners, or a major part of them, shall make their report and present a list of all the claims by them allowed, including interest on such as draw interest, up to the time of the death of the testator or intestate, unto the court of probate. SEC. 7. Upon receiving the report of the commissioners, the court shall order them a meet recompense out of the estate, for their care and trouble in examining the claims; and, the debts due to the United States, and necessary funeral charges of the deceased, the charges for attendance and medicines in the last sickness, debts due to this state, and all state and town taxes, being first paid, in the order aforesaid, and deducted by the court of probate, they shall order the residue and remainder of the estate, both real and personal, the real estate being sold according to law, to be paid and distributed to and amongst the creditors who shall have inade out their claims as aforesaid, in proportion to the sums unto them respectively due and owing; saving unto the widow, if any there be, her apparel and that of her children, and such bedding and other household goods and supplies on hand, as are necessary for the upholding of life, and her right of dower in the real estate of the deceased. SEC. 8. Notwithstanding the report of the commissioners, any creditor whose claim is wholly or in part rejected, may have the same determined at common law, in case he shall give notice thereof in writing in the office of the clerk of probate, within forty days, and bring and prosecute his action within sixty days after such report shall be received. SEC. 9. In case any one or more creditors of, or persons entitled to distribution in any estate represented insolvent, shall be dissatis fied with the allowance by the commissioners of any claim preferred on his own part by the executor or administrator of such estate, such creditor or creditors, person or persons entitled as aforesaid, may appeal from the judgment of said commissioners in respect to such claim, to the supreme court in the same county, in the same manner, and with like effect, as is provided by law in case of other appeals from the orders, determinations or decrees of courts of probate. SEC. 10. The judgment of the supreme court respecting such claim shall ascertain the amount of the same, to be added to or deducted from the commissioners' report, as the case may be; the costs of the appeal to be awarded by the court against either party, or divided between them, as justice may require, and execution therefor to issue accordingly. SEC. 11. In case the executor or administrator shall be dissatisfied with any creditor's claim allowed by the commissioners, and shall give notice thereof in the clerk of probate's office, and also to the creditor, within forty days as aforesaid, such claim shall by the court of probate be stricken out of the commissioner's report; in which case the claimant may, within sixty days after notice thereof, bring his action at common law, in the same manner and with like effect as if his claim had been wholly or in part rejected by the commissioners. SEC. 12. Executors and administrators may, by rule of court, submit any claim against the estate represented insolvent, to reference, in which case the determination of the referees shall be final. SEC. 13. When a claim shall be settled by referees, or in the course of the common law as aforesaid, execution shall not issue as in common cases; but the amount so ascertained shall be the amount of the claim, and be added to or deducted from the commissioner's report, as the case may require. SEC. 14. No action brought against any executor or administrator after the estate shall be represented insolvent, shall be sustained, except for debts due to the United States, and necessary funeral charges of the deceased, for attendance and medicines in the last sickness, for debts to this state and for all state and town taxes; unless the executor or administrator having objection to the claim upon which such action shall be brought, shall consent to have the same settled by course of law; in which case, the judgment of the court shall determine the said claim, which, with the taxed costs, shall be reported by the commissioners as the amount thereof. SEC. 15. All actions brought against any executor or administrator before the estate is represented insolvent, or against the testator or intestate in his lifetime, which shall survive, and in which the executor or administrator being cited shall appear, shall be continued until it shall appear whether the said estate is insolvent or not; and if found insolvent, the process shall be conducted as above provided. SEC. 16. If any creditor shall not make out his claim with the commissioners within the time of their commission, or at common law, or before referees, in the manner provided by this chapter, he shall be forever barred of his action therefor against the executor or administrator, unless there shall be estate remaining in the hands of such executor or administrator, upon the settlement of his account with the court of probate after deducting the amount of the claims allowed by the commissioners from the amount of the estate of the testator or intestate remaining in the hands of such executor or administrator, to be applied to payment of the debts of the testator or intestate. SEC. 17. The pendency of any commission as aforesaid shall be no bar to any action against the executor or administrator as aforesaid, after the expiration of two years from the time letters testamentary or of administration were granted. CHAPTER 159. OF DESCENT, DISTRIBUTION, DIVISION AND ADVANCEMENT. SECTION 1 and 2. Courses of descent of intestate real estate. 3. To inherit, must be capable as heirs at intestate's death, except children. 4. Of inheritance by moieties of paternal and maternal kindred. 5. Descendants of deceased heir, what to inherit. 6. Ancestral estate, descent of. 7. Bastard, how far may inherit. 8. Saving of dower and curtesy. 9. Personal estate of intestate, how to be distributed. 10. Distributive share, when demandable. 11. Division by court of probate of real estate, upon what application made. 12. Of proceedings and notice, upon application for. 13. Of decree for, and appointment of commissioners to make. SECTION 14. Warrant to commissioners. 15 and 16. Proceedings by commission ers. 17. Report of commissioners and of record of same. 18. Advancement to child, &c., by whom and when to be ascertained. 19. Application by infant for division, by whom to be made. 20. What shall be deemed an advance ment. 21. What, in case of real estate acquired subsequent to making will. 22. Of division of real estate holden in common by devise. 23. Of division of dower lands after widow's decease. 24. Of appeal from order of division; and expenses of division, how levied. Descent. SECTION 1. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his kindred in the following course:— First. To his children or their descendants, if any there be; Second. If there be no children nor their descendants, then to the father of such intestate; Third. If there be no father, then to the mother, brothers and sisters of such intestate, and their descendants, or such of them as there be. SEC. 2. If there be no mother nor brother nor sister, nor their descendants, the inheritance shall go, in equal moieties, to the paternal and maternal kindred, each in the following course:First. To the grandfather, if any there be; Second. If there be no grandfather, then to the grandmother, uncles and aunts, on the same side, and their descendants, or such of them as there be; Third. If there be no grandmother, uncle nor aunt, nor their descendants, then to the great-grandfathers, or great-grandfather, if there be but one; Fourth. If there be no great-grandfather, then to the greatgrandmothers, or great-grandmother, if there be but one, and the brothers and sisters of the grandfathers, and grandmothers, and their descendants, or such of them as there be, and so on, in other cases, without end; passing to the nearest lineal male ancestors, and for want of them to the lineal female ancestors, in the same degree, and the descendants of such male and female lineal ancestors, or such of them as there be. SEC. 3. No right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such persons be in being, and capable in law to take as heirs, at the time of the intestate's death. SEC. 4. When hereinbefore the inheritance is directed to go by moieties to the paternal and maternal kindred, if there be no such kindred on the one part, the whole shall go to the other part; and if there be no kindred, either on the one part or the other, the whole shall go to the husband or wife of the intestate; and if the wife or husband be dead, it shall go to his or her kindred in the like course as if such husband or wife had survived the intestate and then died, entitled to the estate. SEC. 5. The descendants of any person deceased shall inherit the estate which such person would have inherited had such per son survived the intestate. SEC. 6. When the title to any real estate of inheritance as to which the person having such title shall die intestate, came by descent, gift or devise, from the parent or other kindred of the intestate, and such intestate die without children, such estate shall go to the kin next to the intestate, of the blood of the person from whom such estate came or descended, if any there be. SEC. 7. Bastards shall be capable of inheriting or transmitting inheritance, on the part of their mother, in like manner as if they had been lawfully begotten of such mother. SEC. 8. Nothing in the preceding sections of this chapter shall be construed to bar any widow of her dower in the estate of her deceased husband, or any husband of his curtesy in the estate of his deceased wife. Distribution. SEC. 9. The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his just debts, funeral charges, and expenses of settling his estate, shall be distributed by order of the court of probate who shall have granted administration, in manner following: First. One half part thereof to the widow of the deceased forever, if the intestate died without issue; Second. One third part thereof to the widow of the deceased forever, if the intestate died leaving issue; Third. The residue shall be distributed amongst the heirs of the intestate, in the same manner real estates descend and pass by this chapter, but without having any respect to the blood of the person from whom such personal estate came or descended. SEC. 10. No person entitled to a share in any deceased person's estate shall have a right to demand the same within three years after administration or letters testamentary granted on such estate, unless he shall give bond to the administrator or executor, with sufficient surety, to be approved by the court of probate, to refund the proportionate share of the estate, in case any debt or debts should afterwards appear against the same, and the executor or administrator should not have a sufficiency of the estate in his hands, undivided, for the payment thereof: Provided, that the heirs at law or devisees may, during said term, take the rents and profits of the real estate as heretofore. Division and Advancement. SEC. 11. After payment of the debts, funeral charges, and expenses of settling the estate of any person dying intestate, the court of probate which granted administration on such estate may divide the real estate of which such intestate died seized, among his heirs at law, in the proportions by law prescribed, whenever application in writing shall be made to them for such purpose, by all of the said heirs at law, setting forth and particularly describing each parcel of said real estate. SEC. 12. Upon the filing of such application, a time shall be appointed for proceeding therein, unless such time be specified in such application; and notice thereof shall be given according to law, or in such manner as the court of probate shall appoint, to such heirs at law. SEC. 13. At the time appointed, said court shall by decree determine who are the heirs at law of the intestate, entitled to a share of such estate, the amount of advancement or settlement made by such intestate to any of such heirs, and the share to which each of said heirs is entitled out of such real estate; and shall thereupon appoint three or five discreet and disinterested persons, residing in any or either of the towns wherein the lands to be divided lie, as commissioners, to make partition thereof, according to such decree. SEC. 14. Such court shall issue their warrant to the commissioners, which shall be in substance as follows: The state of Rhode Island and Providence Plantations. SC. county of of Whereas the court of probate of the town of meeting on the in the at their To greeting: day of did pass the following decree (here insert a copy of the decree :) You are there to wit: fore hereby authorized, after being first engaged to the faithful dis |