tion. Parents. last child. Next of kin. widow, the whole shall go to the child, or children : If neither widow, child, or children, or legal representative of the children, the whole shall be distributed among the next of kin, in equal degree, Representa and their representatives; but no representation shall be admitted among collaterals, further than the child or children of the intestate's brothers and sisters. If the father or mother be alive, and a child dies intestate, and without issue, such father, or mother, in case the father be dead, and not otherwise, shall come in on the same footing Widow inter- as a brother or sister would do: Provided, that such mother, after marrying. having intermarried, shall not be entitled to any part or proportion of the estate of a child who shall die intestate, and without issue, but the estate of such child shall go to, and be vested in the next of Death of the kin, on the side of the father: And provided also, that on the death of the last child intestate, and without issue, the mother shall take no part of his or her estate, but the same shall go to, and be vested in Whole and like manner in the next of kin on the father's side. And in case a person dying without issue, leaving brothers or sisters, of the whole and half blood, then the brothers and sisters of the whole and the half blood, in the paternal line only, shall inherit equally; but if there shall be no brother or sister, or issue of brother or sister of the whole or half blood in the paternal line, then those of the half blood, and their issue in the maternal line, shall inherit.* The next of kin shall be investigated by the following rules of consanguinity: viz. Children shall be nearest; parents, brothers, and sisters, shall be equal in respect to distribution; and cousins shall be next to them.t half blood. Degrees of consanguinity. 43. Sec. II. So much of the above-recited act, as is repugnant to this act, shall be, and is hereby repealed. * As to illegitimate children, see Escheats, sec. 15. It will be seen by the table (which goes no further than the statute has provided,) that the widow and children, or other lineal descendants of the intestate, stand in the first degree. Brothers and sisters of the whole blood, and brothers and sisters of the paternal half blood (that is, such as the father may have had by a former wife,) and their children, are in the second degree. Brothers and sisters of the maternal half blood, and their children in the third. [The father of the intestate if alive; or if he is dead, the mother (if still unmarried) to take with those of the second or third degree as the case may happen.] And the first cousins of the intestate stand in the fourth degree. For the degrees of consanguinity beyond the fourth, we follow the English, [See sec. 14.] which adopts the canonical mode of computation. This will give us, within a range of three generations above, and as many below, that of the intestate, the following result: 5th degree, grandfathers, and uncles.* 6th degree, great grandfathers; great uncles; the children and grandchildren of great uncles; the children of first cousins; and the grandchildren of the intestate's brothers. 7th degree. The brothers of great grandfathers; the children, grandchildren and grea! grandchildren of such brother; the grandchildren of the father's first cousin the grandchildren of the intestate's first cousin; and the great grandchildren of the intestate's brothers. 8th degree. The great grandfather's first cousin; the children, grandchildren, and great grandchildren of such cousin; the great grandchildren of the grandfather's first cousin; the great grandchildren of the father's first cousin; and the great grandchildren of the intestate's first cousin. And so on. *For conciseness, one sex only is mentioned, but the other must in all cases be understood as intended. The classes in italics are those of the generation cotemporary with the intestate. An Act to regulate Sales made by Executors and Administrators.— between 10 day to day, 44. Immediately from and after the passing of this act, no sale Sales to be made by executors or administrators shall commence before the hour and 4 o'clock, of ten o'clock in the forenoon, or be continued after the hour of four and not from o'clock in the afternoon; nor shall any such sale be continued from unless so adday to day, unless the advertisement shall be so expressed, and the made knowu same be publicly made known by the hour of four o'clock in the on the first afternoon of the day on which the said sale shall commence. An Act to alter and amend an Act, enlilled an Act to carry into effect the sixth Section of the third Article of the Constitution, and to amend an Act, entitled an Act to carry into effect, &c. [Act of 16th February, 1799, see sec. 31.]-This act passed December 6, 1805. Vol. II. 259. Sec. I. [Fixing the terms of the court of ordinary--re-enacted with amendments, sec. 66.] vertised, and day within sale hours. be sold, un will not sa or where an 45. Sec. II. No administrator shall be allowed to sell any slave Slaves not to or slaves belonging to the estate of his intestate; but where the other less the other personal estate, together with the hire of such slave or slaves for personalty twelve months, shall be insufficient to discharge the debts due by the tisfy debts, estate, or where one or more slaves shall be subject to distribution, equal diviand an equal division thereof cannot be made in kind, it shall be sion cannot lawful for the court of ordinary, by which administration was granted, made. to direct the sale of such slave or slaves: Provided always, that Proviso. each distributee, or his, her, or their guardian shall receive twenty days notice, in writing, previous to the granting of such order, to show cause, if any he or they can, against such sale. otherwise be be put up to 46. Sec. III. From and after the passing of this act, it shall be Property to the duty of all administrators, of sales to be made by them, to put up sale to the the property to be sold in such manner and quantity as shall be tage. deemed most advantageous to said estate. Sec. IV. [Directing the division of estates by order of court-reenacted with amendments in 1812. See sec. 69.] * best advan executors, lieved. 47. Sec. V. Whenever securities for executors, administrators, Sureties of or guardians, conceive themselves in danger of suffering thereby, how to be reand petition the court of ordinary for relief, the said court shall cause the executor, administrator, or guardian, to be summoned to appear before them at the next sitting thereof, and shall make such order, and give such relief in the case, by counter security or otherwise, as to the said court shall seem just and equitable. estates by prevented. 48. Sec. VI. When it shall be made to appear to the satisfaction The waste of of the court of ordinary, that any executor or executors of an estate executors, are in insolvent circumstances, and that the estate is likely to be how to b wasted by the improper conduct of such executor or executors, it shall be the duty of said court, by order, to compel such executor or executors to give bond, with approved security, for the faithful execution of the trust reposed in him, her, or them, by the said will; and in case of failure to comply with such order, to grant letters of administration, with the will annexed, to such person as would be entitled thereto if no such executor had been appointed. 49. Sec. VII. Where there has been a contract or contracts in Where the contracting writing for the sale of land, and the party to whom titles are to be vendee of The sureties of administrators and guardians are provided for in sec. 67. + Sec. 67 directs how suits are to progress in such cases. land dies, how titles are made dies before such titles are executed, it shall and may be lawful to be made, for the court of ordinary to order the title or titles to be made to the heirs general of the party deceased. and where ing vender 50. Sec. VIII. Where any person or persons shall depart this the contract- life after having entered into any written agreement for the conveyance of any real estate, and the obligee shall also have departed this life, the executors of the obligor shall in like manner make and execute a conveyance or conveyances to the heirs of the obligee. and vendee both die. Clergymen make return age license zation, which 51. Sec. IX. It shall be the duty of all ministers of the gospel, and others to judges, justices of the inferior courts, or justices of the peace, who on the marri- shall hereafter join together any person in the bonds of matrimony, to of the date of make a return on the marriage license of the actual intermarriage of the solemni- the parties, and the day on which the same was solemnized, to the shall be re- clerk of the court of ordinary, whose duty it shall be to enter the same in a book to be kept by him for that purpose, for which he shall be enfor recording. titled to ask and receive the sum of twenty-five cents, which shall be The return paid when such license shall be granted; which register, or a certidence of the fied copy thereof, shall be admitted as evidence of such marriage in any court where the solemnization of such marriage shall be called in question. corded. Clerk's fee shall be evi marriage. This act to be Sec. X. This act shall not affect or operate on any administration prospective heretofore granted. Appeal from the court of superior. An act to amend An Act to carry into effect the sixth Section of the third Article of the Constitution of this State.--This Act passed December 7, 1805. Vol. II. 268. Whereas the constitution of this state, in the said sixth section of the third article declares, that "the powers of the court of ordinary or register of probates, shall be vested in the inferior courts of each county, from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the general assembly may by law direct," &c. 52. Sec. I. In case either party in the said courts of ordinary ordinary al- shall or may be dissatisfied with any decision thereof, then and in all lowed to the such cases, such dissatisfied party may within four days after the adjournment of the said court, be allowed to enter an appeal, by pay ing all costs which may have accrued, and giving security to the clerk of the said court of ordinary for such further costs as may accrue by reason of such appeal, which appeal so entered, shall be by the said clerk transmitted to the clerk of the superior court of the county in which such proceedings may take place, at least ten days before the next superior court of said county; and which said superior court shall determine thereon at such term, according to law and right, and letters testamentary, or of administration, shall not be granted or isTemporary sued until the decision of such appeal by the said superior court; but the said court of ordinary may, pending such appeal, grant temporary letters to collect the estate of the deceased. letters. Letters not to be granted to 53. Sec. II. No letters testamentary, or of administration, shall be any but citi granted to any person or persons who is or are not a citizen or citizens of the United States, residing in the state of Georgia. zens of the U. S. resident in Georgia. 54. Sec. III. All acts heretofore passed, militating against this act, shall be, and the same are hereby repealed. |