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Entered according to Act of the Parliament of Canada, in the year one thousand

eight hundred and eighty-eight, by CARSWELL & Co., in the office of the Minister of Agriculturo.

PRINTED BY
MOORE & Co., LAW PRINTERS,
20 ADELAIDE ST. East,

TORONTO.

ZAR 2 4 1969

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NOTES ON THE DEVOLUTION OF ESTATES ACT,

1886.

Parliament of Canada, in the year one thousand ight, by CARS WELL & Co., in the office of the

THIS Act gives evidence in some parts of a bold venture

I in the direction of making real estate personalty in the hands of the personal representative, while in other parts there is just as cogent evidence of a restraining influence upon so radical a change and hesitation to take the step. It is strikingly in contrast with the Act of the Parliament of Canada relative to real property in the NorthWest Territories, which enacts that “ All lands in the Territories which, by the Common Law are regarded as real estate, shall be held to be chattels real, and shall go to the executor or administrator of any person or persons dying seised or possessed thereof, as other personal estate now passes to the personal representative” (a). Under this section there is no mistaking the nature of land in the hands of an executor or administrator. If such a radical change as this had been intended by the Legislature of Ontario, it is fair to presume that the most explicit and unequivocal language would have been used, and it may safely be said that such language should be required of the Legislature. But the Act appears to keep up and distinctly recognize the difference between real and personal property. A widow may elect to take her dower, a widower his estate

(a) 49 Vict. cap. 26, sec. 5.

VOL. VII. C.L.T.

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