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An Act to amend the law of Descents, and for the distribution of Intestate's estates. 1830 94 (1830)

handle is hein.slavery/ssactsky0201 and id is 1 raw text is: LAWS 0' 1831. CHAP. CCCCXCIII. AN ACit to amend the law of Descents, and for the distrZ- bution of Inte-itate's estates. Approved, January 15, 1831. Si~c. 1. Be it enacted by the General Assembly of the An advance- Commonrvealth of Kentuck'y, That in the distribution mnt wade of the estate of any person hereafter dying intestate, by in intes- tatf, in his among his or her children, any advancement made by lifetinie, to such intestate in his lifetime, to any of his or her chil- his bebidreni dren, whether such advancement be in real or per- to be consid- erei as an sonal estate, or slaves, shall to the value thereof, at ndvacement the time of the advancement, be taken and considered out ofhis as so much advanced to such child or children, out of t, he whole estate of such intestate; and such child or Children so children so advanced, shall not inherit any portion of -idvancd n t the remaining estate of his or her ancestor, until the t.oinherit, &c. other children are made equal in their portion of suchi estate, to such as have been advanced. Sec. 2. Be it further enacted, That when any such Mode of dis- advancement, as is provided for, in the first section tribution of of tLis act, shall have been made in slaves, and there estates, when such ad- shall not be as many slaves left, as to make all the dis- vancements tributees of the intestate equal, then such distributecs have been shall be made equal, ouit of the personality, if there be made. as much as will make them equal, and if there be not as much as wxill make them equal., after expenses of ad- ministration, and the debts of the intestate are paid, then the distributees, shall be made as nearly equal out of the personal estate as may be, and the deficit, if any, shall be made up out of the real estate; and when the advancement shall have been made in per- sonal estate, the distributees shall, in like manner, be made equal out of the personal estate, if that is suffi- cient, and if not, then out of the slaves, if any, and if there be none, or not as many, as will make all the dis- tributees equal, then they shall be made as nearly equal as may be, and the deficit, if any, shall be made up out of the real estate; and where an advancement shall have been made in real estate, the whole of the heirs shall be made equal, first out of the land if suffi- cient, and if not, then out of the .slaves if sufficient, if not, then out of the personal estate.

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