2. That the property is wrongfully detained by defendant. 3. That the same has not been taken for a tax, assessment, fine, or seized under execution or attachment.

4. The actual value of the property.

The Sheriff shall, upon receipt of the affidavit and a bond executed by one or more sureties in double the value of the property, take the property into his possession. The defendant may, within three days after the service of the bond and affidavit, object to the sufficiency of the sureties. The defendant may demand a return of the property by furnishing an indemnity bond, with two or more sufficient sureties, to the Sheriff in double the value of the property.

CHAPTER XIII.

SECURITY FOR COSTS.

When the plaintiff resides out of the county, or is a foreign corporation, security for costs may be required by the defendant; when required, all proceedings in the action shall be stayed until a bond, executed by two or more persons, be filed with the Clerk, conditioned that they will pay such costs and charges as may be awarded against plaintiff, not exceeding the sum of $200. (Sec. 527, Code 1881.)

CHAPTER XIV.

APPEALS AND WRITS OF ERROR.

May be taken from the Superior Court to the Supreme Court at any time within six months from the rendition of the order, judgment, or decree appealed from, and not afterward. To stay proceedings in the Court below, the appellant or plaint: iff in error must file a bond with sureties to the satisfaction of the Clerk. Appeals from the Probate Court to the Superior Court must be taken within sixty days from the rendition of the decision or judgment; and from Justices of the Peace to

the Superior Court, within twenty days from the date of the judgment. The party appealing shall execute and file with the Justice a bond, with one or more sureties, in the sum of $100, to the effect that the appellant will pay all costs; or if a stay of proceedings be claimed, a bond, with two or more sureties, in a sum equal to twice the amount of the judgment and costs.

CHAPTER XV.

ESTATES OF DECEASED PERSONS.

Claims against decedents' estates must be filed within one year from the publication of notice to creditors, at the place of residence, or transaction of business of the executor or administrator. Claims not presented within one year after the first publication of notice are barred. Every claim presented to the administrator must be supported by the affidavit of the claimant that the amount is justly due, that no payments have been made thereon, and that there are no offsets to the same to the knowledge of the claimant. The oath may be taken before any officer authorized to administer oaths. The claim being thus proved, must be presented to the administrator for his allowance; if he allow it, it is presented to the probate Judge for his allowance, when, if allowed by him, the same is filed. If either the administrator or probate Judge reject it, the party has three months within which to bring suit on it. Estates must be settled within one year, unless further time be granted by the Court.

Administration of the estate of a person dying intestate shall be granted to the following persons in their respective order:

1. The surviving husband or wife, or such person as he or she may request to have appointed.

2. The next of kin in the following order: (1) Child or children; (2) father or mother; (3) brothers or sisters; (4) grandchildren.

3. To one or more of the principal creditors, if the persons entitled shall neglect for more than forty days after the death of the intestate to present a petition for letters of administration; or if there are no relatives or next of kin; or if the parties entitled waive their right, the Court may appoint any suitable and competent person.

Application for letters of administration shall be made in writing, setting forth jurisdictional facts; and the applicant shall make an affidavit giving the names and places of residence of the heirs of the deceased so far as known.

The administrator must take an oath that he will perform his trust; and must execute a bond to the State in twice the value of the property, with two or more sureties to be approved by the probate judge; he shall, within one month, make and return a true inventory of the real and personal estate of the deceased, and the same shall be appraised by three disinterested persons.

If the intestate leaves a widow or minor children, and his estate does not exceed five hundred dollars, the whole estate shall be assigned to the widow and minor children after the funeral expenses and expenses of administration are paid.

Lands, tenaments and hereditaments not having been devised shall descend, subject to the debts, as follows:

If the decedent leaves a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife and child, or issue of such child. If more than one child is living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to the children and to the lawful issue of any deceased child by right of representation. If no child of the decedent is living at his death, the remainder goes to all his lineal descendents.

If there is no issue, the estate goes in equal shares to the surviving husband or wife, and to the decedent's father and mother. If there be no father nor mother, one-half goes to the brothers and sisters of the decedent, or the issue of any deceased brother or sister. If decedent leave no issue, nor husband

nor wife, the estate goes to his father and mother, and if there is no father and mother, in equal shares to the brothers and sisters, or the issue of any deceased brother or sister. If there is no issue, nor father nor mother, nor brother nor sister, the whole estate goes to the surviving husband or wife. If decedent leaves no issue, nor husband, nor wife, and no father nor mother, nor brother nor sister, the estate goes to the next of kin in equal degree, those claiming through the nearest ancestor being preferred. If a child of decedent die under age and unmarried, the share which he inherited from such decedent shall go to the remaining children or their issue, if all be in the same degree of kindred, in equal shares, otherwise by representation. At the death of the last surviving child who dies under age and unmarried, the estate that came to such child by inheritance descends to the issue of all other children of the same parent; if there be no husband, wife or kindred, the estate escheats to the State for the support of common schools.

Subject to community debts, one-half of the community property shall go to the surviving husband or wife, and the other half shall be subject to testamentary disposition; if no testamentary disposition is made, it shall descend equally to the legitimate issue of his, her or their bodies; if no issue or their representatives be living, then said community property shall all pass to the survivors to the exclusion of collateral heirs, subject to community debts, family allowance, and charges and expenses of administration. Tenancy in dower and tenancy by courtesy are hereby abolished.

An illegitimate child is an heir to a person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child, and in all cases as an heir of his mother; but he shall not be allowed to claim as representing his father or mother, any part of the estate of his or her kindred, unless before his death his parents shall have intermarried, and his father shall have acknowledged him and adopted him into his family. (Sec. 3305, Code 1881.) If an illegitimate child shall die intestate, without lawful

issue, his estate shall descend to his mother, or in case of her decease, to her heirs at law. (Sec. 3306, Code 1881.)

The degrees of kindred shall be computed according to the civil law, and the children of the half-blood shall inherit equally with those of the whole blood, in the same degree. (Sec. 3307.)

Personal property shall be applied and distributed as follows:

The widow shall be allowed all articles of apparel and ornament, according to the degree and estate of her husband, and such provisions and necessaries for herself and family as are allowed by the Court. After the debts, funeral expenses, and charges for settling estate are paid, the residue shall be distributed among the same persons as would be entitled to real estate, and in the same proportion; excepting if there be a surviving wife or husband, and issue, each shall take onehalf; if no issue, the surviving husband and wife shall be entitled to the whole of the residue. (Sec. 3316.)

CHAPTER XVI.

WILLS.

Every person of the age of majority, and of sound mind, may devise all his real and personal estate. Every will shall be in writing, signed by the testator, or by some other person, under his or her direction in his or her presence, and shall be attested by two or more competent witnesses, subscribing their names to the will in the presence of the testator. A person who signs the testator's name by request shall subscribe his own name as a witness, and state that he subscribed the testator's name at his request. No nuncupative will shall be good when the estate bequeathed exceeds two hundred dollars, unless proved by two witnesses, present at the making thereof, and it be proven that the testator did bid some person present to witness that such was his will, and such will was made at