cannot be had, the deed may be admitted to record upon proof before the above officers of the handwriting of a witness, or where such proof cannot be made, the proof of the handwriting of the grantor. Such proof by two or more witnesses may also be received where there is no subscribing witness to the deed. Deeds must be recorded within 90 days after the execution; otherwise, they are void as to subsequent bona-fide purchasers for a valuable consideration, without notice. If executed outside the state, 6 months' time is allowed. In Philadelphia county, deeds must be recorded, but must be registered in the registry bureau before recording, to facilitate the tracing of title and the designation of the owner. In counties having a population of 500,000 or upward, exclusive of Philadelphia, all deeds must be registered with the county commissioners of their respective counties before they can be recorded. A married woman need not acknowledge her deed apart from her husband. (See Book of Forms.)

Rhode Island.-A written conveyance of land shall be a deed, though no seal be affixed thereto. One witness is customary. Realestate records are not kept by county officers, but by the town clerk, or city clerk, or recorder of deeds in each town and city.

South Carolina.—Deeds of real estate must be under seal, but a scroll is sufficient. They must be executed in the presence of two subscribing witnesses. To pass a fee they must contain the words heirs and assigns. Before any deed can be recorded, it is necessary for one of the subscribing witnesses, if within the state, to go before a trial justice or notary public; if without the state, before a commissioner of deeds of South Carolina, or notary public; consul or viceconsul of the United States; or commissioners appointed under dedimus, and make affidavit that he saw grantor sign, seal, and as his act and deed deliver that deed, and that he, with the other subscribing witness (naming him), witnessed the execution thereof. He must sign the affidavit, and the trial justice, notary, or commissioners must certify it. It is not certain that any other mode of proof will be sufficient. All deeds or conveyances of lands, including all leases for a longer period than 1 year, shall be valid, so as to affect from the time of such delivery or execution the rights of subsequent creditors or purchasers for valuable consideration without notice, only when recorded within 40 days from the time of such delivery or execution in the office of the register of mesne conveyances of the county where the property is situated. (See Book of Forms.)

South Dakota.-No witnesses are necessary. A wife need not join in a conveyance of the husband's realty, except of the homestead. Leases for a term longer than 1 year must also be recorded.

Tennessee.-No witnesses are necessary where the deed is acknowledged by the grantor. If not acknowledged, it must be

attested by two witnesses, and proof made by them of the execution thereof. No particular form is required, but the language must convey the intention of the parties.

Texas.-The husband may alone convey his separate estate and the community property, except the homestead. Two witnesses are required if the deed is to be proved by witnesses, either one of whom may prove it for registration, except in case of a deed by a married woman, who must acknowledge. No seal or scroll is required.

Utah.-A short form of a deed has been prescribed by statute. A deed must be attested by at least one witness. No seal is required. Vermont.-All deeds must be signed and sealed in the presence of two witnesses. A scroll seal is not sufficient. Deeds must be recorded in the clerk's office of the town where the realty is situated.

Virginia. -Deeds must be under seal, but a scroll is sufficient if used as a seal. They must be acknowledged or proved by two attesting witnesses. Leases of realty for more than 5 years must be recorded. (See Book of Forms.)

Washington.-Two witnesses are necessary. No seal is required. West Virginia.-Deeds must be under seal, but a scroll may be used by way of a seal. They must be acknowledged, or proved for record, by two subscribing witnesses.

Wisconsin.-Deeds must be under seal, but a scroll or L. S. is sufficient. Two witnesses are required. An unrecorded deed is void as against a subsequent bona-fide purchaser or encumbrancer for value without notice, but not as against a subsequent judgment or attaching creditor. (See Book of Forms.)

Wyoming.-Deeds must be executed in the presence of one subscribing witness. A scroll is sufficient.

PROVINCES OF THE DOMINION OF CANADA British Columbia.-Conveyances of land must be under seal. One witness is sufficient. To be registered, the deed must be acknowledged by the grantor or proved by a witness. A short form of deed is provided by statute.

Manitoba.-A deed must be signed and sealed. A subscribing witness must make an affidavit that he was personally present, and saw the instrument signed, in order that the deed may be registered. The Torrens system of registration is in force. Deeds are usually prepared in duplicate, one copy being registered, and the other returned with a certificate of registration of the duplicate indorsed thereon.

New Brunswick.-Deeds must be under seal, and acknowledged or proved by the oath of a subscribing witness.

Nova Scotia.-Deeds must be executed under seal and in the presence of a witness. They may be proved within the province by the oath of a witness taken before an officer qualified to take acknowledgments; out of the province, by such proof, or acknowledgment by the grantors.

Ontario.-Deeds must be under seal, executed in the presence of one witness. Proof is made by affidavit of execution by the witness. Deeds are executed in duplicate for purposes of registration. Lands in Ontario may be within the Lands Titles System of transfer, which is by certificate, instead of deed, on which certificate are indorsed all transfers. (See Book of Forms.)

Quebec.-Deeds affecting the title to land held under the French system must be passed before a notary public; where the lands are held in free and common socage, deeds must be passed either before a notary or before the witnesses, one of whom makes affidavit to the signatures. Deeds executed by parties residing in the United States are valid if executed according to the laws of the locality where made. Deeds must be recorded within 30 days from execution; otherwise, they do not take effect as to third parties until registered.

DESCENT AND DISTRIBUTION OF THE PROPERTY OF INTESTATES

Unless the rule as given be specified as applying to realty, or personalty, only, it applies to both. The interest of the widow or surviving husband is first considered. Dower and curtesy are used as at common law, unless otherwise specified, except that birth of issue is not a requisite for tenancy by curtesy. When the decedent leaves neither children nor issue of deceased children, the provisions are various. In many jurisdictions, the widow or the surviving husband takes one-half the real and personal estate; in some he or she takes all. On the failure of issue and certain kin, the widow or the surviving husband usually takes the whole estate, after the payment of debts and other charges. In all jurdisdictions, the real and personal property of an intestate, subject to the provisions as to the rights of the widow or surviving husband, if any, descends to and is distributed among the legitimate children of the decedent living at his or her death, and the issue of deceased children per stirpes, that is, by right of representation of their parent or ancestor, in equal shares. Illegitimate children may inherit from the mother, and in several jurisdictions it is provided that illegitimate children may inherit from an intestate father, by whom they have been recognized. In all the states, posthumous children of the intestate inherit as if in being at his death. In many states, if a child die under age, being unmarried or without issue, all the estate descending by gift, devise, or descent from either parent to such child, goes to the other children of the same parent and the issue of such as are dead per stirpes, unless all be in the same degree, then per capita (by the head), share and share alike, as in Arizona, California, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Hampshire, North Dakota, Oregon, South Dakota, Utah, Washington, and Wisconsin. In Connecticut, Florida, Kentucky, Louisiana, and Virginia, the estate in such a case goes to the parent or the kindred of such parent, if any, otherwise to the kindred of the other parent. When all the children are dead, the grandchildren and the issue of deceased grandchildren take, in all jurisdictions. In the following states they take per stirbes in all cases to the remotest degree: Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, New Hampshire, New Jersey, North Carolina, Rhode Island, South Carolina, Tennessee, Vermont, and Wyoming. But in the following, when all such grandchildren or other lineal descendants

are in the same degree, they take in equal parts per capita, otherwise per stirpes: Arizona, California, Florida, Idaho, Indiana, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin.

If there be no descendants living, the estate both real and personal generally passes to the father, or to the father and mother equally. The provisions are extremely varied, and are given hereinafter for each jurisdiction. On failure of lineal descendants of the intestate, if there be neither widow, surviving husband, father, nor mother, the property descends in equal shares to the brothers and sisters of the intestate, and the children of those deceased per stirpes. In many jurisdictions, however, the brothers and sisters are preferred to the father and mother in the course of descent of realty; and in others, if there be no father, the brothers, sisters, and mother share equally.

On failure of the above classes, the property descends to the next of kin of the intestate, in equal degree, equally, except that when there are two or more in the same degree, those claiming through the nearest ancestor are to be preferred. Generally, the degree of kindred is reckoned according to the rules of the civil law. Among collaterals, a distinction is frequently made between those of the whole blood and those of the half blood, so that the half blood inherit only half as much as the whole blood; but where all the collaterals are of the half blood, the ascending kindred, if any, have double portions, as in Colorado, Florida, Kentucky, Louisiana, Missouri, Texas, Virginia, West Virginia, and Wyoming. There is frequently a provision by which real estate, which came to the intestate by descent, devise, or gift from a parent or other kindred, will descend only to the next of kin of the intestate of the blood of the person from whom such estate came. In default of all the above classes, the estate, both real and personal, escheats to the state, or, in England and Canada, to the crown.

Alabama.-The widow has a life estate in one-third of all the lands of which the husband was seized in fee during marriage. The husband has a life estate in the realty of the wife, unless he have been divested of all control over it by the chancery court. If there be one child surviving, the widow is entitled to one-half the personalty; if more than one child, and not more than four, to a child's part; if more than four children, to one-fifth part. If there be neither children nor their issue, and the estate be solvent, the widow has a life estate in one-half the realty; if the estate be insolvent, she has an estate in onethird only. If there be no lineal descendants, the widow takes all the personalty. On failure of children, grandchildren, father and mother, and brothers and sisters, the whole estate goes to the widow or husband. Subject to these rights of husband or wife, and subject also to