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32   LAWS OF ONTARIO

of any charges on the property and the debts, funeral expenses and expenses of administration, including succession duty.

A widow is entitled to one-third of the personal property of her husband, and this is after making the provision of the one thousand dollars already noted, and the remaining two-thirds will go to his children. If there are no children the wife will take one-half of the personal property.

✓here a married woman dies intestate her husband receives one-third if she leaves children, and one-half if she leaves no children, and subject to the right of her husband her property will devolve as if her husband had predeceased her. But where the husband would have been entitled, before the passing of The Devolution of Estates Jct, to an interest as tenant by the courtesy of England, he may elect to take the interest in the real and personal property of his wife, which he would have taken if The Devolution of Estates Jct had not been passed, and upon such an election he will not be entitled to any interest under that Act.

Tenancy by the courtesy of England arises


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