Intestate Married Women Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

A.D. 1884. d

No. 324.

An Act to further amend the Law of Inheritance.

[Assent& to, Novewzber rgth, 1884.1

E it Enacted by the Governor-in-Chief of the Province of South Preamble.

Council and House of Assembly of the said province in this present	B Australia, with the advice and consent of the Legislative
Parliament assembled, as follows:

1. This Act may be cited as The Intestate Married Women's short title and

Real Estatcs Distribution Act," and, except so far as inconsistent incorporation.

therewith? this Act shall be incorporated and read as one with

" The Intestate Real Estates Distribution Act, 1867," hereinafter

had, or, but for her coverture, she would have had power to devise, shall pass to and become vested in the personal representative of such married woman if . undevised absolutely, or, if partially devised, then subject to s i ~ h partial devise; and such personal representative shall hold the said lands, and the unapplied proceeds of such lands in case the same shall be sold, for the purposes mentioned, and subject to all the provisions contained in the said Act, and applying to lands passing to and becoming vested in a personal

referred to as the said Act."

2. Thc mcaning assigncd by thc said Act to the word '; lands " I n t t ~ e t a t i o n,

shall extend to include lands held by or for any married woman,

and whether for her separate use or otherwise.

3. All lands which any married woman shall die seized or undeviaea lands of married women to

possessed of, or entitled to, without devising the same, or which she , , to personal

shall only partially devise, and which at the time of her decease she ~ ~ J F c B ~ ~ M v ~.

47" & 48' VICTORIB, No. 324.

The Intestate Married Women's Beal Bstates Dist?.ibution Act.

personal representative, pursuant to section 1 of the said Act,

excepting only as mentioned in the next section.

Mode of distribution. 4, In lieu of the said lands and proceeds being held for division

or distribution in the ssame manner as in the case of chattel real property, the same shall be held fo r division or distribution in manner followin,p :-If such married moman shall have left any child or remoter Issue surviving her, the husband of such married woman shall be entitled to a one-third share or interest in such lands or proceeds; but if such married moman shall not have left any child or remoter issue surviving her. then thc husband of such married woman shall bc entitled to ,z one-half share or interest in such lands or proceeds; and in any case the ncxt of kin of such married woman shall be entitled to the residue of such lands or proceeds in the shares and interests in which they would have bccn entitled thereto had the same been the pcrsonal estate of such married woman, distributable amongst her next of kin according to the statutes for the distribution of the personal estate of intestxitrs.

Distribution of	5. As regards any personal estate of or to which any married woman shall die possessed or entitled, without bequeathing the same. or which she shall onlv ~art ia l lv betrtwath. and which at the
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married women.

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time of her decease she had, or, but for her coverture: would have had power to bequeath the samc, shall be held for division or distri- bution in the samc manner as is provided by section 4 with reference to the division and distribution of thc lan& and proceeds referred to in the said section.

Administration. 6. Administration to thc estate and effects of any person may be granted, notwithstanding such person may not have died posscsscd of or entitled to any personal estate.

In the name and on behalf of IIer Majesty, 1: liereby assent to

this Bill. WILLIAM C. F. ROBINSON, Governor.

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Aclelddc : By authority, E. SPILLER, Government Printcr, Rorth-tcrrace.