A third has actually crossed the Atlantic no less than seventeen times. Not one of these associations has ever succeeded in recovering the estate, or, we would say, of even finding any vacant recoverable estate, whether real or personal; but, as an unsupported assertion is easily made, a locality is chosen by the agent bearing the name of the association, and is declared to be the estate sought for.
It is to no one's interest to go to the expense of proving a negative, and so the assertion remains, if not unchallenged, at least not disproved by evidence. We should advise all persons who believe themselves entitled to property to be very cautious how they expend their money in verifying their suppositions. Large estates are few in number, and any one wishing to know whether there is any founda- tion for a report that an estate is unclaimed, can readily do so by applying to some responsible person engaged in that line of busi- ness.
If any such estates exist, they are invariably known, and are usually placed in due course of Administration by the Chancery Courts. We do not advise persons to go to the other extreme, and take no interest in the subject, because they fancy that, owing to the impecunious position of their family, they cannot be entitled to a fortune. Although correct so far as " for- tune " is concerned, they may yet recover an amount to compensate them fully for their trouble, as these moneys generally find their way into the pockets of those who least expect it.
In the following pages lists are given of persons who if living, or, if dead, whose heirs are entitled to money, and in most instances the persons mentioned are entitled to sums well worth recovering. In some cases investigation has not been made to ascertain what is really due, and in some cases the amount may prove too small to justify undertaking its recovery. It may be, in some instances, the money has recently been, or is now, in the course of recovery by the persons entitled to it; yet they are all worth looking into, inasmuch, as the fees charged for a preliminary examination are usually small Advertisements for Heirs-at-Law, Next of Kin, Owners of Unclaimed Money, etc.
If William Anderson, for- merly of Elgin, North Britain, a relative of the above, and who is supposed to have gone abroad many years since, or, if dead, his widow or children, will communicate with Messrs , Solicitors, he, she or they may hear of something to their advantage. Eliza- beth Morris, who lately died in the State of Pennsylvania, and who was formerly the wife of Oliver Morris comedian , are requested to make themselves known to, Messrs.
The said Elizabeth Morris left England for America between and , and paid a visit to England about the year Address " " Ann Eaton. If living, he is about sixty-two years of age. If he or his heirs will apply to , Solicitors, they may receive a large sum of money. In the preparation of this Manual we have had access to similar works published in Europe, to the authors of which we feel under obligations, and take this public method of acknowledging the same.
Amongst those from whose works we have drawn valuable data, we wish to name Robert Gun, Esq. The name of this Bureau is indicative of its nature, object and aims. It was begun in , and has been in successful operation ever since. Having a complete chain of connections with similar Bureaus in Europe, and having access to informa- tion relative to unclaimed estates there, that have been accumulating for over one hundred and fifty years, and concerns property of many millions of dollars, the right- ful heirs to much of which now reside in America, and having correspondents in every county in the United States, we are enabled to collect and disperse information which speedily leads to the finding of rightful heirs and the recovery of long unclaimed estates.
Five or ten dollars expended in this way is often of more real value to a claimant than five hundred or a thousand dollars spent in sending an agent to Europe. These ad- vertisements do not cover all the claims that may arise. They contain the names of over , depositors, with descrip- tion as to profession and place of residence of each.
These books can be personally inspected and any name searched for by our London Associate, for the same fee as. We hunt up these lands, and with such facts as we can get concerning the owners, and by means of extensive advertising can generally find the real owner or his heirs and place them in. No charge is made for advertising names, but we are to share in the profits of the case should the party advertised for be found.
We urge our attor- neys and clients to send in such names as they desire advertised, with all facts per- taining to them. Address all communications to — J. As the recovery of real estate is altogether barred if an action is not brought within a specified time, we have thought it advisable to give briefly the present existing law of England on the subject of Limita- tion of actions, as it effects reSl estate.
It is not necessary however for present purposes to discuss or do any thing more than briefly allude to the various ancient Statutes of Limita- tion, which date from the year , and most of which, if not all, have been repealed either actually or by implication.
No case can now arise under them, and they are of interest to the antiquary rather than to the lawyer. Of existing interest there are two groups of facts and phases of Law to be considered. First, the Law as it stood previously to the 1st of January, ; and second, the Law as it now stands. The old Act, as wiU be seen, has now no force or operation whatever as to such parts of it as are repealed by the new one. In enacting these and other limitation, measures, the Legislature has acted on the principle that, where any person should fortuitously find himself in possession of realty to which some other person is rightfully entitled, such other person should, in the interest of the public, be placed under some restrictions as to the limit of time for his claim to be properly asserted.
To divest any one of what he has had for many years, and has made provision for enjoying in perpetuity, would probably cause more harm in the end than to permit ah ignorant or negli- fent claimant to agitate, and carry out long dormant schemes for an in- efinite period. To dispose first of claims by the Crown. By 9 Geo. Next, with regard to all other persons. This Act contained the very reasonable proviso that with respect to Estates in reversion or remainder, or other future Estates, the right before alluded to should be deemed to have first accrued at the time when any such Es- tate became an Estate in possession.
However, under Section 14 of that Act, a written acknowledgment of the title of the person entitled, given to him or his agent, and signed by the person in possession, extended the time of claim to twenty years from the date of such acknowledgment. As an example, we may take a case of a right first accruing in The land would have been forfeited twenty years after, or in Asa matter of fact, however, the right to recover.
Moreover, no further time was allowed on account of the disability of any other person than the one to whom the right of action first accrued. By that Act, also, a mort- gagee in possession was assured of a quiet possessory title at the expiration of twenty years next after he entered or gave a written acknowledgment such as that before alluded to, of the mortgagor's title or right to redeem. An illustration of the Law on this point, as it relates to mortgagees, may be of use.
Let us suppose that A. The interest is not paid, and B. As soon as he has been in possession twenty years under the Law then m force or twelve years now , the right of A. As to an Advowson — which, it may be remarked, is a perpetual right of presenta- tion to an ecclesiastical benefice — no action could be brought to enforce a right of presentation after the happening of three successive incumbencies, or sixty years whichever should last happen , or years in all, in case three remarkably long-lived ecclesiastics should happen to' have been in possession for the whole century.
Twenty years, too, was the limit for the recovery of money secured by mortgage, rents-service, or rents-charge and tithes ; or by judgment, or otherwise charged on land and legacies, in the absence of the statutory acknowledgment to which we have already alluded. In every case where any person who could have brought an action or suit for the recovery of the interests alluded to failed to do so, his right was altogetherex- tinguished.
For all practical purposes this is an epitome of the Law as it stood prior to the 1st of January, The Real Property Limitation Act of , which took effect from the 1st of January, , made very important changes in the Law. A good number of possessors with no title to their holdings other than the fact that they were in possession of them, must have blessed the passing of an Act that secured them the property after they had been only twelve years in occupation of it. Thus any one who 'had taken unto himself a property in the year , was assured, under the new Statute, in the quiet enjoyment of it, by the corresponding day of the year , instead of , as would have been the case, if the Act had not relieved him.
The disability clause is also reduced to twelve years, with six years' grace, from death, or ceasuig of disabiHty, whichever shall first happen, provided that the whole period does not exceed thirty years. It may be here conveniently remarked that " absence beyond seas" ceases -altogether to be a disability under the new Act — a fact of some importance to foreigners. These are the brief, butimportantalterations the Law madeby the Statute of which has been rather more than five years in operation. There are certain other Statutes and many cases affecting the limita- tion of time for recovery of incorporeal hereditaments, such as way and water leaves and other rights, which, as they are hardly likely to be of any particular interest to our readers, we do not propose to discuss.
Generally it may be stated, that in no case has a Claimant any chance. It is rseldom, if ever, that these very difficult facts have been proven to the satis- faction of a Court of Law. The foregoing remarks do not, however, apply to personal property, i. Legacies bequeathed by Testators, and which remain unclaimed, are in the same position as the Stocks before mentioned, as also are shares under intestacies. These counties and this district are provided with Eegistry Offices established in the years mentioned , viz.
The great district of the Pens known as the Bedford Level, which was Teclaimed some time since, has a special Act, vesting certain powers in the freeholder, and among others, that of requiring a registration similar to what is already in force in the counties, etc , above mentioned. The foregoing remarks comprise all tlie instances in which registration is compulsory for perfecting a title.
On a title being found to be good, a cer- tificate was delivered to the owner, which formed his evidence that he was duly and properly in possession. However, after two or three decisions of the Judges, that the evidence on which the certificate was obtained was open toresifting at any time, the Statute became unworkable; so much so, indeed, that Lord St.
Leonard, perhaps the most skillful conveyancer who has ever sat on the Woolsack, stated that the Act in question made a title " absolutely indefeasible except in the event of any flaw being found in it," a piece of sarcasm which completely finished its career as a practical reform. In the " Land Titles and Transfer Act " repealed the foregoing Statute, and established ' an optional Land Registry for England and Wales commencing 1st January, , on a basis somewhat extended beyond the limits of its predecessor.
***UPDATED*** For Each State Unclaimed Property/Money
A Registrar of Titles and an Assist- ant Registrar have been appointed, with a large staff of clerks, both professional and otherwise. These gentlemen act very much in the same way as if they were concerned for purchasers of property, the titles of which owners bring before them. A series of General Rules and Orders regulate the practice, and a strict investigation is made. If the title be found good, a certificate of " absolute title " is delivered.
If the owner has a possessory title only, a certificate stating such to be the case is fur- nished him. No case has yet arisen in which a certificate of either of these kinds has been taken exception to. The Act contains a variety of clauses as to registration of mortgages and leases of land subject to its pro- visions which, being of a technical nature, it is unnecessary for us to note here. The principal facts are as stated. As a reform and a general benefit, however, it has wholly failed, and almost as signally so as its pre- decessor.
Lawyers, for obvious reasons, do not advise the adoption of its provisions, and owners are shy of it because it does them no immediate good, and takes heavy fees out of their pockets without any immediate benefit. Those with good titles do not want them made better, and such as have bad ones do not want it to be known that they are so. A man who contemplates mortgaging his land — ;and two-thirds of theland'in England and Wales is mortgaged in some manner — does not wish to place himself in such a position that the fact may become known.
This is a practical detail the framers of the Act overlooked altogether. Not one title in a thousand is registered under its clauses, which are, be it re- membered, merely optional. Such an alteration would save much useless litigation and great expense, besides conferring on the possessor an absolute and perfect title. A person may also dispose of his personal Estate by deed of gift, for which there are no Registry Offices. It is by no means rare to find an aged man giving both realty and personalty to his issue or to a stranger to avoid paying the Government duties on his decease.
In many instances. If therefore, any person believes himself entitled to property so disposed of, he would have to commence proceedings against the person in possession, who, after giving him notice that he has a perfect title, would produce the deed properly verified to the Court ; and, if it is in due and proper form, the person bringing the action would be condemned to pay all the costs of it, as the burden of proof in this as in all other cases, rests with the person seeking relief.
Suits on sealed contracts, and for bonds or any interest therein, ten years. Suits for trespass, trover or detinue, on simple contracts, stated or liquidated accounts, and for use- and occupation of land, six years. Suits on unliquidated accounts, threfr years. Abizona — Open account or contract not in writing, two years ; con- tract in writing, four years ; real actions, adverse possession, five years. Arkansas — Open accounts, three years ; promissory notes and written instruments, five years ; judgments and decrees, ten years : for recovery of real estate, seven years. CALiFORifiA — For a demand or obligation, in writing or not, created out of the State, two years ; open account or verbal contract, two years ; vrritten contract or obligation executed in the State, four years; real actions, or on judgments or decrees of any court, five years.
CoKNECTiouT — Actions upon instruments under seal, and promissory notes not negotiable, must be brought within seventeen years after the right of action accrues. Upon negotiable notes, book accounts, debt and simple contract, within six years. Colorado — Actions on contracts, upon judgments of Court not of record for writ, for waste and trespass, for taking personal property, must be begun within six years ; most other actions within three years.
Dakota — On judgments or sealed instruments, twenty years ; on con- tract, obligation or liability expressed or implied, except as above ; liability created by statute other than penalty or forfeiture for trespass on real property ; taking, detaining or injuring goods or chattels ; for the specific recovery of personal property, criminal conversation, or other injury to the person, or rights of another not arising on contract, and for relief on Igrounds of fraud,, six years; action against Sheriff, Coroner or Constable, except in case of escape, on statute for a penalty or forfeiture, three years ; action for libel, slander, assault, battery, or false imprison- ment, upon a statute for a forfeiture or penalty to the people of the terri- tory, two years ; action against Sheriff or other officer for escape of prisoners, one year.
District of Columbia— Actions of account or simple contract, note or book account, detinue, replevin and trespass must be brought within three years ; on specialties, within twelve years, subject to usual qualifica- tions and exceptions. Gbobgia— Suits must be brought as follows, after right of action accrues: On foreign judgments, five years; for enforcements of rights accrumg to individuals under statutes, acts of incorporations, or by opera- tion of law, twenty years ; upon promissory notes, bills of exchange, and other simple contracts in writing, six years ; upon open accounts, four years ; upon instruments under seal, twenty years.
Domestic judgments become dormant in seven years from the time of their rendition, or when execution has been issued, and seven years have expired from the time of their redition, or when execution has been issued, and seven years have expired from the time of the last entry upon such execution, made by an officer authorized to execute and return the same. Such judgments may be revived by fieri facais, or be sued on, within three years from the time they become dormant.
Illinois — Personal actions, on unwritten contracts, express or im- plied, five years ; actions on bonds, notes, etc. Indiana — Open accounts and contracts not in writing, six years ; actions not limited by statute, fifteen years ; written contracts, other than those for the payment of ' money, judgments of Courts of Eecord and real actions, twenty years. On a mutual current account, the time runs from the date of the last item on either side ; contracts for the payment of money, ten years. Iowa — Actions for injuries to person or reputation, or to recover a statutory penalty, must be brought within two years ; to enforce a me- chanic's lien, two years ; on unwritten contracts, five years : on written contracts, ten years ; on judgments of Courts of Record, twenty years ; to recover real estate, ten years.
The time during wliich defendant is a non-resident of the State of Iowa, not computed, but a suit that has been fully barred by the laws of another State, prior to the defendant coming to, or being found in this State, cannot be maintained, except where the cause of action arose in this State. Eevivor : — Admission of debt or new promise to pay, which must be in writing. Kansas — To recover real property sold on execution, five years after record of deed ; to recover real property, sold by executors, etc.
Kesttuckt — Promissory notes not placed on the footing of bills of exchange , are barred after fifteen years as to principals, and after seven years as to sureties ; merchants' accounts against merchants are barred after five years; merchants' accounts against other patrons are barred after two years next succeeding the first day of January after the account is made.
Actions on bills of exchange, promissory notes, placed on the footing of bills of exchange, checks, drafts and orders, and endorsements thereof, are barred after five years, after cause of action arose. A new promise to pay the debt before it is entirely barred, takes away the benefit of the statute of limitation up to the date of the promise. LouisiAif A — Open accounts, three years ; notes and bills, five years ; acknowledgments or closed accounts, judgments, personal obligations and mortgages, ten years.
Judgments' can be revived every ten years and thus perpetuated, when prescription has once accrued, a waiver must be in writing to be effective. Maine — Debt contracts and liabilities, express or implied, not under seal, six years ; special action on the case, two years ; all other actions, twenty years. Mabtland — Notes a,nd accounts are barred after three years. Sealed instruments and judgments after twelve years. Massachusetts — Contracts or liabilities not under seal, express or implied, six years ; real actions upon an attested note, and personal actions on contracts not otherwise limited, twenty years.
Part payment or promise in. Minnesota — Actions concerning real property, twenty years ; to fore- close mortgage by advertisement, fifteen years ; by action, ten years ; on judgments and decrees, ten years ; contracts, express or implied, six years ; revival must be in writing, or by part payment. If cause accrued and is barred in another State, it can be sustained here only in favor of a citizen who has held it from beginning. Infants and lunatics may sue within prescribed time after disability is removed ; statute does not run against absentees from the State during period of absence, nor against any concealed fraud.
Lien of judgments, seven years. Actions barred in State where debt accrued, and where defendant resided, are barred here. Missouri — Two years: — Actions in ejectment and all actions on written contracts or instruments. Five years : — All actions on contracts not in writing, actions upon open accounts, actions for trespass on real estate, actions for damages to the person, and actions for damages for in- jury to personal property or for the possession thereof.
Three years : — Actions against Sheriffs and other officers on official bonds. Two years : — Actions for libel, slander, assault, battery, false imprisonment or crim. It is doubtful whether or not judgments are barred in ten years. At all events, they will be presumed to be paid in twenty, and perhaps, in ten years. No limitation against banks, trust or loan companies, or Savings Banks. Upon mutual or current ac- counts, date from last item. Party out of Territory or injunction suspends statute. Part payment, principal and interest, on bills, notes or instrument of writing, or a written promise or written acknowledgment of contract or ac- count not in writing, will revive a barred right.
Nebraska — "Within five years an action upon a specialty, agreement, contract, promise in writing or foreign judgment. Within four years, an action upon a contract not in writing, expressed or impHed, an action upon a liability created by statute other than a forfeiture or penalty ; also for an injury to the rights of the plaintiff not arising on contract. All ac- tions or causes of action barred by the laws of any other State shall be deemed barred under the laws of this State.
Nevada — Within six years : — An action upon a judgment or decree or liability founded upon an instrument in writing. Within four years :— An action on an open account, or upon a contract not founded upon an instrument in writing. New Hampshire — Notes and accounts, six years from last promise ; notes secured by mortgage, real actions and judgments, twenty years ; against estate of deceased person, three years, and demand within two years of appointment of administrator of estate settled as insolvent claim, must be presented to Commissioner within six months.
Debts outlawed in other States are revived for six years by debtor moving here. New Jersey — Debt not founded on specialty and all actions of ac- count, six years ; upon sealed instruments, sixteen years ; judgments and real actions, twenty years. The usual exception is proyided in favor of persons under legal disability and allows one year after the termination of the dis- ability.
The statute was approved January 23d, Causes of action existing at the date of the appearance of this act must be sued on within two years. The representatives of a person having a cause of action, who dies within a year from the expiration of the period of limitation, have one year after death to commence suit.
A cause of action founded on contract, express or implied, is revived by an admission that the debt is unpaid, or a promise to pay ; such admis- sion or new promise to be in writing. New Yoek — Contracts, express or implied, except those under seal, and upon judgments of a court not of record, six years ; upon judgments of Courts of Record and sealed instruments, twenty years ; actions to re- cover damages for a personal injury resulting from negligence, three years ; for Ubel, slander, assault, battery, or false imprisonment, two years.
Acknowledgment by part payment or ia writing, will revive a barred right. North Carolina — The statute of limitations was suspended from May 20th, , to January 1st, , on causes of action arising on 'con- tract prior to Actions on judgment of a Court of Eecord on sealed instruments for the foreclosure of a mortgage, and for the redemption of a mortgage, where the mortgagee has been in possession, must be com- menced in ten years ; actidns on a Justice's judgment, seven years ; actions on the bond of any public officer or executor, etc.
Debts barred by the statute of limitations can only be revived by a promise in writing, signed by the party to be charged. Ohio — One year : — Libel, slander, assault, battery, malicious prosecu- tions, false imprisonment and statutory penalties and forfeitures. Four years : — Trespass to real property, action pertaining to personal property, and for injuries to plaintiff's rights, not otherwise limited. Six years : — Contracts not in writings express or implied, and liabilities created by statute other than forfeitures or penalties.
Fifteen years : — Written instruments. Twenty-one years : — Eecovery of real estate. Action upon official bonds or undertakings, given in pursuance of statute, ten years after right of ac- tion accrues. Part payment, or written promise or acknowledgment, will revive. Oregon — Within ten years all actions for the recovery of real estate, upon sealed instruments and judgments or decrees. Within six years, all contracts not under seal, express or implied, written or verbally, for waste or trespass upon real property, and for taking, detaining or injuring per- sonal property, or for the recovery thereof.
Within three years, all actions against Sheriffs, Constables or Coroners upon a liability incurred while in office, except for escape, which is one year. To recover, a liability against which the statute has run, part payment, or a writing, signed by the party to be charged, is necessary. Pennsylvania — Book accounts, debts, notes, and contracts not under seal, six years; contracts under seal, twenty-one years.
Adverse, uninterrupted possession of real estate for. Khode Island — For trespass, four years ; tort, other than trespass, or on simple contracts, six years ; on specialties, twenty years. Tennessee — On bonds, notes, bills of exchange, accounts and con- tracts, six years. Against sureties of guardians, administrators and public officers for non-feasances, etc.
Against such officers, personally, on their bonds, ten years. On judgments of Courts of Record and other cases not' expressly provided for, ten years. Against personal representa- tive of descendant, seven years from his death, notwithstanding any existing disability.
Against personal representative after qualification, by resident within two and a half years, by non-resident, if cause accrued in life-time of deceased, three and a half years, otherwise from time cause of action accrued. Statute does not apply in commercial transactions, where accounts, mutual and reciprocal, are current ; and where persons not mer- chants have mutual accounts time is computed from date of last item, unless amount is liquidated and balance struck.
After right of action accrues debt can be revived by express promise to pay. Texas — To personal actions, one year is allowed to bring suit ; con- tracts in writing, four years ; open accounts, except between merchant and merchant, their factors or agents, two years. Utah — Open accounts and contracts not in writing, two years ; con- tracts or obligations founded on writing, four years ; judgments, five years; recovery of lands, seven years. Vekmont— Action against Sheriff for neglect of deputy against sure- ties in guardian's bond, four years ; debts on contracts not under seal, debt for arrears of rent; account, assumpsit or case founded on contract; trespass on lands, replevin and other actions for taking or detaining, or injuring goods against towns or town clerks ; for neglect of duty of clerk, six years ; debt or scire facias, on judgment debt, on specialty covenant except of seizure in deeds of land , covenant of warranty after final decision against title, eight years ; action on promissory notes wit- nessed, fourteen years ; action on covenant of seizing to recover lands or the possession thereof, fifteen years.
Washington' — The following actions must be commenced within three years from the time the cause of action accrues : An action upon a contract or liability, not in writing or for taking, detaining or injuring personal property ; an action for relief upon the ground of fraud. The following actions must be commenced within six years from the time the cause of action accrues, viz. An action for the recovery of real estate must be commenced ivithin ten years. West Virginia — Ejectment, ten years ; on contract under seal, given prior to April 1, , twenty years, and since, ten years ; on promissory notes given prior to April 1, , five years, sin'ce then, ten years ; accounts, five years, except store accounts, three years ; accounts between merchant and merchant, five years.
There are certain statutory savings in favor of persons under disability, and also where defendant has obstructed prosecution of right. When contract is made in another State, the statute of such other State controls, except that a judgment had in another State is barred in ten years.
Wisconsin — On all contracts not under seal, six years ; on sealed in- struments, twenty years. Wyoming — Contract, agreement or promise in writing, five years; not in writing, four years. Debts contracted prior to residence in the Territory, are barred after two years'- lona fide residence here.
New BRUNSvriCK — On contracts not under seal, six years ; contracts under seal or judgments, twenty years ; actions for assault, battery, wound- ing, imprisonment or for words, two years. Mortgages, judgments and legacies are deemed satisfied at the end of twenty years, if no payment is made or acknowledgment in writing in the meantime. Ontario — Simple contracts, six years ; contracts under seal, twenty years ; judgment, six years, but may be revived. Actions to recover land, ten years : distress for rent, six years ; to recover wild lands granted by the Crown, but never in the possession of the grantor, twenty years ; re- vivor by part payment or written acknowledgment.
Titles are acquired by purchase at pubhc sale, or by "ordinary private entry," and in virtue of the pre-emption, homestead, timber culture and other laws. Purchases at public sale are made when lands are "offered" at pubhc auc- tion to the highest bidder by proclamation of the President, or by order of the General Land Office.
Lands so offered and not sold, and not since reserved or withdrawn from the market, can be secured by "private entry" or location. But none of the lands in Northern Dakota have been "offered" at public sale, all having been reserved for homesteads, pre-emption and tree claims on account of their agricultural value, and because this system is more in accordance with the interests of the masses, and not for specula- tors, as under the public sale system.
Sioux half-breed scrip can be used to purchase any surveyed land, but very little of this scrip is now outstand- ing. Soldiers additional homestead entries can also be purchased and laid upon any vacant surveyed land, thus acquiring title without residence thereon. Any person who is the head of a family who has arrived at the age of twenty-one years, and is a citizen of the United States or has filed his declar- ation of intention to become such, is entitled to enter one-quarter sec- tion or less quantity of unappropriated land under the homestead laws.
When these re- quirements are complied with the Receiver issues his receipt in duplicate and the matter is entered upon the records of the office. The Register then issues his certificate and makes proper returns to the general land office, as the basis of a patent. This notice must be ac- companied by a deposit of money sufficient to pay the cost of publishing the notice which the Register is required to publish for thirty days five times in a newspaper designated by him, or arrange with the publisher of the paper therefor.
Notice is also posted in the land office for the same period. Final proof cannot be made until the expiration of five years from date of entry, and must be made within two years thereafter. In making final proof the homestead settler may appear in person at the district land office with his witnesses and there make the affidavit and proof required, or he may, if by reason of bodily infirmity or distance, it is inconvenient for him to appear at the land office with his witnesses, appear before the judge of a court of record of the county and state or district and territory in which the land is situated, and there make final proof.
When a homestead set- tler dies before he can prove up, the widow, or in case of her death, her heirs may continue settlement and obtain title upon requisite proof at the proper time. In case of death of both parents, leaving infant children, the homestead may be sold for cash for the benefit of the children, and the purchaser will receive the title.
In making final proof the settler must swear that no part of the land has been alienated except for church, cemetery or school purposes, or right of way of railroad. Homestead claims may be relinquished, but in such case the land re- verts to the government. If a settler does not wish to remain five years on his tract, he may pay for it as under pre-emption law, in cash or war- rants, at any time after six months of actual residence. This proof must be made before the district officers. Homesteaders are allowed six months after entry to commence improvements and establish residence.
The law allows but one homestead privilege to. Every person who served not less than ninety days in the army or navy of the United States during " the recent rebellion," who was honor- ably discharged and who has remained loyal to the government, may enter a homestead, and the time of his service shall be deducted from the period of five years, provided that the party shall reside upon and culti- vate his homestead at least one year after he commences improvements.
The widow of a soldier, or, if she be dead or has married again, the minor heirs if any may, through their guardian, make a homestead entry, and if the soldier died in the service, the whole term of his enlistment will be credited upon the term of required residence. This latter entry must be made in person. Lands acquired under the homestead laws are not liable for any debt contracted prior to the issuing of the patent therefor.
Heads of families, widows or single persons male or female over the age of twenty-one years, citizens of the United States or who have de- clared their intention to become such under the naturalization laws, may enter upon any "offered "or" unoffered" lands or any unsurveyed lands to which the Indian title is extinguished, and purchase not exceeding acres under pre-emption laws. When the tract has been surveyed and is not " offered " land, the claimant must file his or her declaratory statement, and make proof and payment within thirty-three months from date of settlement.
Settlement is the first thing to be done under the pre-emption laws. When settlements are made on unsurveyed lands, settlers are required to file their declaratory statements within three months after date of the receipt at the district land office, of the approved plat of the township em- bracing their claims, and make proof and payment within thirty months from the expiration of said three months, payments the same as in case of offered land. Pre-emptors may submit proof of residence and improvements at any time after six months of actual residence.
He must show by his own tes- timony and by two credible witnesses such actual residence and cultiva- tion — a habitable dwelling and other improvements, to the satisfaction of the land officers that the spirit of the law has been complied with. It is held, however, that this does not apply to a house and lot in town. Claims can- not be transferred uufil title is perfected.
The second filing of a declar- atory statement by any pre-emptor, when the first filing was legal in all respects, is prohibited. Before proof and payment on pre-emption claim, written notice must be given by the claimants to the register, who must post a notice in his office and cause the same to be published in a newspa- per nearest the land for at least thirty days as in case of homesteads.
Under the timber culture laws not more than acres on any one section, entirely devoid of timber can be entered, and no person can make more than one entry thereunder. The qualifications of applicants are the same as under the pre-emption iuid homestead laws. The party making an entry of a quarter section is required to break or plow five acres covered thereby during the first year, and five acres in addi- tion during the second year.
The five acres broken or plowed during the first year he is required to cultivate by raising a crop, or otherwise, during the second year, and to plant in timber, seeds or cuttings during the fourth year. Provision is made for extension of time in case drought or grasshoppers destroy trees. These trees he must cultivate and protect, and if, at the expiration of eight years from date of entry, or at any time within five years thereafter, the entrant, or, if he be dead, his heirs, shall prove by two credible witnesses, the planting, cultivating and protecting the timber for not less than eight years, and that there were at the end of eight years at least living, thrifty trees on each of the ten acres required to be planted, he, or they will be entitled to a patent.
It should be added, that in making final proof it must be shown " not less than twenty-seven hundred trees were planted to each acre. It is not necessary that the ten acres should be in a compact body. Failure to comply with any of the requirements of the law, at any time after one year from date of entry, renders such entry liable to con- test. And upon due proof of such failure the entry will be cancelled.
No land under this law will, in any event, become liable to the satisfaction of any debt or debts, contracted prior to the issuing of the final certificate therefor. Edward Preston that a summary of such advertisements might not only be amusing, but might chance to convey unexpected good news to some who should read it. For the same reason, and to give an idea of the character of such advertisements in general, we insert it in this Manual as it appeared in the London Times, with the comments of that paper upon it. When we consider that this summary is for only one year's advertisements in that one paper alone the year , we can form some idea of the magnitude of such advertising in the different newspapers of the whole civilized world, running through a hundred years or more : " Some twenty-six persons are shown to have died without relatives, as the Treasury Solicitor advertised for the Next of Kin if any to make out their relationship.
Lost, Abandoned, and Unclaimed Personal Property
The amount of money thus reverting to the Crown is rarely made public, but it has 'oozed out' in the notable case of Mrs. In other cases large rewards were offered for marriage, bap- tismal, and burial certificates. A gentleman in distressed circumstances sought the representatives of a firm who carried on business in Calcutta in A reward was offered for information of a lady who, when a girl, was taken from Canada to Australia. Next of Kin were sought for numerous persons who had left England and settled in the Colonies, the United States, or India.
Unclaimed dividends of the Agriculturist Cattle Insurance Company awaited claimants. Good fortune awaited the' family of a certain cab driver. A reverend gentleman, son of a Lincolnshire draper, was wanted for something to -his advantage ; and a gentleman who left England in ,. Johann Bauer, born in , and last heard of at Sydney, was"" considered to be dead," without having left any Heir-at-Law, or by will, disposed of certain property ; it was therefore forfeited to the Next of Kin.
A son was anxious for his mother's address ; two persons, living in London in , or their descend- ants, were entitled to share in certain moneys. It would be to the advan- tage of a traveling herbalist to write to his wife ; and a miner in the North of England would find it to his advantage to make himself known. The descendants of two persons of the name of Braat, born and , were wanted " for their own interests" ; a very old friend' from abroad longed to meet J.
A niece was anxious to hear from her uncle ; " the friends she has left in England are all dead ; she is now holding a good situation, and she only wants to hear from her uncle. A father affectionately enquired for his daughter, who ran away from home.
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Claimants to lands in Canada, and the relatives of two brothers who were drowned at Montreal, were also the subject of Next of Kin notifica- tions. Inquiry-was made as to the investments or property of one person, and an " expectant legatee" was willing to pay handsomely for a clue to some funds supposed to have been deposited in a Bank ; a laborer was en- titled to a legacy ; and divers charitable institutions including the Tem- porary Home for Lost or Starving Dogs , were invited to claim a share of a benevolent Testator's residuary estate.
Two sisters were informed of the sudden death of their brother at Melbourne ; and the Heirs of Ninian E , who was "a hind at Widdrington, in ," were unknown. The representatives of a certain merchant, who carried on business in the City of London, in , were wanted for " something beneficial" ; like notices are very frequent, as Unexpected Assets often accrue. A son was anxious to hear from his " mother, sister, or brother" ; and Dinah , sought for something to her great advantage. The relatives of a captain, who died suddenly, were requested to communicate with the clergyman of the parish ; and the " Next of Kin of the author of ' Sam Slick' will hear of something pecuharly interesting to them on applying to.
The representa- tives of another lady who died in , at the venerable age of ninety-four, were inquired for by the High Court of Justice. The following is rare : — " A Prussian gentleman named , is sup- posed to have fallen overboard or leapt into the sea, while on board a vessel bound for Mexico ; being an expert swimmer, he may have been picked up by a passing vessel ; if alive, he is implored to make known his where- abouts.
Solicitors were anxious to know if a certain lady " made a will of a more recent date than the one found at her death," and the Heirs of a Mr. A niece was entreated to communicate with her uncle ; and the representatives of the creditors of a person who died over forty years ago, are interested in a " windfall. An afflicted father was in search of his long-lost-sight-of-son ; and tidings would be most thankfully received by the mother of a Queensland emigrant — last heard of eleven years ago. The following contains a highly satisfactory announcement to a gentleman of the Jewish persuasion : — " Should this meet the eye of CM.
Moses, by applying to he will find a legacy from his aunt. Metzger Heirs. All persona believing themselves to be heirs of the above, formerly Governor of Breda and Lieutenant-General of the Dutch Cavalry, are requested to communi- cate with , who is in possession of all documents necessary for the recovery of the inheritance. Mitchell, who disappeared from Oxford some years ago, was wanted to claim a legacy, and Elizabeth M , who left England in for New Zealand, was wanted for a like purpose.
Colonial newspaper notices are remarkable for their pithiness. Write Mrs. The Next of Kin of several soldiers of our Lidian Army were wanted to claim various sums of money and effects. A person who left Wales in was entitled to one-third of two farms ; a surplus awaited division among the owners of slaughter-houses shambles, etc.
A "Sailor Boy," who left his home early on , would hear of something to his advantage " by writing to Friend. The Next of Kin of a spinster, who died at Bath in , were only now sought ; and the address of a father and son wanted by Solicitors in the following curious notice : — " Stacey, aged between 9 and 10 ; last heard of in care of his father ; believed to be tramping about the country with him.
The Heirs of persons in all stations of life are occasionally sought through the medium of what is known as a Next of Kin Advertisement. The description of L. Unexpected assets of a very large amount awaited the representatives of the creditors of a gentleman who died in , and the Next of Kin of persons who held shares in the West New Jersey Society as long ago as were entitled to funds; a student was implored to communicate with his parents ; and to J.
Similar summaries to the foregoing for the years have appeared in the following, among other newspapers, namely. A gentleman who went to New Zealand would like to hear from any relative or friend now living ; "it is thirty-three years since he heard from home, so full accounts of family, caries de vis'ite, etc. There were many similar appli- cations to the Court of Session, under the Presumption of Life Limitation Scotland Act, by Next of Kin anxious to possess themselves of the estates of their missing relatives.
News is sought of a baronet, last heard of in Sydney, beheved to have gone to Fiji ; also of F. C, who is supposed to have gone to Canada. O'C, an apprentice on board a merchant vessel, last heard of in from a sailors' home, is asked to claim his estate, otherwise his sister will take the initiative.
A commission has been issued to take evidence as to the Heirs in England of E. C, at one time of Jamaica, and afterwards of Scotland. This individual seems to have had a chequered career. He is described as of "roving habits, tall, fine-built, but with club-foot, by trade a trunk-maker ; believed to have exhibited a stufE. In , a lady of title devised certain lands ; the heirs or assigns of such devises are now sought ; also the Heir -male of T.
The Q. Persons having private property or papers belonging to J. C, Jate engineer on a ship plying on the Shanghai River, are both wanted for something to their advantage ; also the son of a clergyman last heard of in New Zealand. The representatives of R. Valuable property has been left to G. Information is desired as to the property of a deceased Major ; also a clue to several large sums due to the estate of 0.
Sylvius L. A Bombay firm desire to know if a certain lieutenant is alive, as they hold a policy on his life ; while S. One result of the unfortunate " Palmer Expedition " is that persons having property of the deceased in their hands are inquired for ; while in the case of the estate of Mr. Walter Powell, M. In addition to these multifarious notices many claimants were sought by the Bank of England authorities as to unclaimed Stocks and Dividends ; the Treasury Solicitor advertised for Next of Kin in some forty " Crown windfall" cases; and the Crown Agents for the Colonies gave London.
In the olden time the Masters in Chancery had the custody of all moneys and effects deposited in Court in the suits referred to them, and the Usher took charge of any property brought into Court in suits which had not been referred to one of the Masters. The Masters and the Usher were responsible for all moneys and other property received by them, and were bound to distribute the property so entrusted to them by Orders of the Court.
In the meantime they employed the money in their hands for their own benefit. This practice continued until the bursting of the South Sea Bubble, when it was found that several of the Masters were defaulters. Each Master was directed by an Order of the Lord Chancellor of to procure and send to the Bank of England a chest with one lock, and hasps for two padlocks ; the key of the lock to be kept by the Master, the key of one of the padlocks by one of the sis Clerks in Chancery, and the key of the other by the Governor or Cashier of the Bank.
Each Master was ordered to deposit in his chest all moneys and securities in his hands belonging to the suitors, and the chests were then to be locked up and left in the custody of the Bank, and to be so kept that the Masters might have easy access thereto, under Orders of the Court. This plan did not work well, for it was found that by the rules of the Bank of England the vault where the chests were kept could not be opened unless two of the Directors were present with their keys; and it was soon found that great trouble, diflBiculty and expense would be occa- sioned to the Suitors by requiring the attendance of no less than five officials whenever any of the chests had to be opened to deliver out effects and to receive the interest due.
In Duplicate accounts were to be kept at the Bank and at the Chancery Report Office, and any dealing with the Suitor's money was to be certified to the Eeport Office. Another General Order extended the plan to moneys and effects m the custody of the Usher of the Court. An act of Parliament passed in , gives power to appoint an Accountant-General, and contains elaborate proyisions with reference to the custody and safety of the Suitors' Fands.
The fol- lowing section evidently points to the misappropriations above referred to: " To the end that all misapplications or wastings of the subject's money by any officer of the High Court of Chancery may be entirely pre- vented for the future. Be it therefore further enacted that the Account- ant-General shall not meddle with the actual receipt of any of the money or efEects of the Suitors, but shall only keep the account with the Bank and the said Accountant-General, observing the rules hereby presented, or hereafter to be presented to him by the said Court, shall not be answer- able for any money or efEects which he shall not actually receive ; and the Bank of England shall be answerable for all the moneys and efEects of the Suitors which are or shall be actually received by them.
These enormous sums were mainly thus invested : Consolidated 3 per cent. After being informed of these extraordinary investments, no one will be surprised to hear that very considerable sums of Unclaimed Money have, from time to time, accumulated ; in fact, the Royal Courts of Justice have been built almost entirely with the surplus interest of the Suitors' money. The Dormant Funds have frequently been the subject of investiga- tion.
In the Suitors' Further Eelief Act was passed. The first investigation under the provisions of the foregoing Act was made in In , a list containing the titles of such accounts, but not stating the amounts, was printed and exhibited in the Chancery Offices, with the following highly satisfactory result : " Many persons came for- ward and preferred their claims, and about one-half of the Stock supposed to be unclaimed was transferred out of Court to successful claimants.
In and , similar lists were published, but the total amount of funds then lying dormant does not appear therein. The investigations under the " Suitors' Further Rehef Act" are of a limited character, and do not apply to many unclaimed funds invested by the Accountant-General under the provisions of the " Infant Legacy Act," the " Trustee Rehef Act," and other Acts. This Return does not include cash arising from interest or dividends on the Unclaimed Stock.
When Mr. Lowe, with a view to having greater publicity given to the Ust of Unclaimed Funds in Chancery, but Mr. Lowe could not be prevailed upon to alter the arrange- ments then existing, namely, — exhibiting the Ust in the Chancery Offices. The first list under the new Act was looked for in , but it did not see the light till March, It contained about 2, entries, some of them curious.
Thus :— "Joseph Barlow— Absent beyond seas; Bowden v. Collins — The accumulated account ; Biixter v. Facherell— The schooling and ap- prenticing fund ; Bleadon v. Haynes — The plough, furniture, stock, and effects account ; Brooks v. Maudsley — The one hundred years term account ; Gurden v. Badcock — The creditors under the deed of 2nd September, ; Heyden v. Owen — The account of the seamen belonging to H. Gilbert — The foreign securities and shares account ; Mason v. Gee-The descended estate ; Prince v. Bourjot-The ten hogsheads account; Winter v. Kent — Fund to answer the unclaimed legacy given by the will of the testator, James Underbill ; "Wroughton v.
Eawlins — The account of Shareholders who did not come in to substantiate their claims ; the account of the un- claimed legacy of Sebastian Nash de Brissac. The following are the most noticeable items : " A box containing small articles of jewelry ; a paper marked, 'George Colman, Will'; abox marked, 'Diamond Necklace, Coronet and Barrmgr; a box containing plate and other articles ; a bag of clipped money, etc , Jones V. Lloyd, August, ; two boxes containing plate, belonging to a person of unsound mind. The second List was not issued until 23 June, No improvement in the form of the list was observable, and the following notice of motion was given in the House of Commons : " Me.
Stanley Leighton. On March 10, , an interesting debate arose on Mr. Leighton's motion, of which the following is a short summary : Mr. Leighton observed that an abuse existed which might be readily and easily removed. The magnitude of the question was apparent when it was considered that many millions of money passed through the hands of the Paymaster in Chancery every year.
Large sums of the suitors' money were borrowed to enable the Chancellor of the Exchequer to carry through his financial operations, and the New Palace of Justice had been mainly. In Mr. Therefore the suitors had some claim to consideration. The letter and the spirit of Acts of Parliament were in favor of publicity, which, indeed, was called for by common honesty.
In the olden time, the Suitors' funds had been misappropriated by high ofiicials, who were heavily fined. In our own time. Orders have been passed to the effect that a list of dormant funds should be published every three years, and in alphabet- ical order. This was done in the lists issued by the India Office and the War Office ; some of these lists were replete with suggestive details, and would serve as useful models for our Chancery officials. The result of publishing insufficient information was that encouragement was given to the levying of blackmail.
If proper lists were published, claimants would not have to pay a fancy percentage for information. The usual answer to these complaints was that unfounded claims had to be guarded against ; but it was equally the duty of other Government departments to protect themselves against unfounded claims, and they did it without making a secret of information that ought to be published.
What would be thought of a member of this House if he found in the Library a pocket-book con- taining bank-notes, and said nothing about it for fear an unfounded claim should be made? In respect to these funds, the Government were trustees, with duties to the pubhc ; and they were bound to give all the information they could. The true owners were those who would be claimants if they had the knowledge of their rights. The knowledge was kept back by the Office, which held and utilized the money. A stereotyped official reply had hitherto been given ; but what he wished to do was to sweep away the cob- webs of officialism, and to secure the publication of intelligible lists.
Hear, hear. Findlanter seconded the motion. He highly approved of the form of index suggested In May , the state trial court found that the citizen's allegations regarding that account established a valid claim under the DFCRA and denied the defendant's motion to dismiss the claim.
The court also held, however, that a factual question existed as to whether AUP was in fact owed to Delaware. This case, too, ultimately failed to reach trial, as the parties agreed to dismiss the action in November Delaware decided to pursue, and SourceGas agreed to submit to, an administrative examination.
The complaint alleges that dozens of major retailers and chains have engaged in improper schemes to avoid being classified as holders of unclaimed gift card liabilities under the state's AUP law. Specifically, it asserts that the companies, along with the plaintiff's former employer, Card Compliant, created "sham" contracts portraying Card Compliant as the holder of unredeemed gift cards in exchange for an annual fee.
The complaint alleges that funds associated with sold gift cards were always in the possession and control of the issuers. In April , the Delaware attorney general filed a motion to intervene in the case. On May 21, , Temple-Inland filed a lawsuit against Delaware's secretary of finance, Cook, and other state officials as well as Delaware's principal contract auditing firm, Kelmar Associates, in federal district court. The complaint challenges the state's estimation methods and the state's purported claim to a company's entire estimated liability.
The outcome of this case could significantly affect the potential liability of any company currently under audit in Delaware and in other states. Delaware recently considered two bills dealing with AUP collections. Senate Bill S. It would also extend the sunset of the secretary of state's voluntary self-disclosure program by one year, to July 1, , to allow for the processing of all voluntary self-disclosure agreements.
More notably, S. It would also require the rebidding of auditing contracts at least every three years. Interestingly, the bill notes that Delaware law already prohibits state employees from representing or assisting any private enterprise on any matter involving the state for a period of two years after leaving state employment.
In the recent past, a former lawyer with the state's attorney general's office and a former Delaware state escheator have gone to work for Kelmar Associates after retiring from the state. Perhaps not surprisingly, the Senate Banking Committee elected not to advance S. In , Michigan adopted a law setting forth specific changes regarding AUP audits. House Bill H. In addition, the law mandates that an entity that has undergone an AUP audit must receive a complete copy of the audit report.
The report should identify in detail the work performed, property types reviewed, any estimation techniques employed, calculations showing the potential amount of property due, and a statement of findings as well as copies of all correspondence and documentation that formed a basis for the findings. The determination of whether records are substantially complete is not made solely as a percentage of the total overall individual records to be examined but also considers the materiality of the records.
The law makes clear that where a holder's records for one particular property class are insufficient, the contract auditor does not have authority to estimate liability for other property classes for which the entity has filed all the required reports and maintained sufficient records. Several states are proposing or have enacted a decrease in the aggregate reporting threshold for AUP. Many states are adopting statutes mandating how life insurance companies must use the Social Security DMF to identify potential unclaimed property associated with life insurance and annuity contracts.
The following are some examples:.
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Litigation over AUP audits is likely to continue, particularly in Delaware, where companies subject to audit have been emboldened by the settlement of Select Medical and the cogent arguments presented in Temple-Inland. Until some appellate decisions on the matters are issued, though, holders also can expect states to ramp up their auditing activities, often using contract audit firms. On the legislative front, some changes will favor AUP holders, while others tilt toward the states. For example, as with Delaware's S. In addition, more states will be considering bills that provide business-to-business and other exemptions for certain categories of property.
On the other hand, states probably will try to accelerate collections by reducing dormancy periods, a trend over the past few years.
In July , for example, the Pennsylvania General Assembly reduced the dormancy period from five years to three years for several types of property H. Some states also might follow Illinois's lead by adopting lower aggregation thresholds, which will trigger additional reporting and due-diligence obligations for holders and make compliance more costly. It is possible, too, that the meaning of the term "unclaimed property" could expand to capture new types of property.
States might claim that AUP encompasses virtual currency, such as bitcoin, or property associated with affinity programs, such as frequent-flier points.
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Holders need to determine their risks related to AUP in light of their histories of compliance and their current policies and procedures, and they must take proactive steps to address any weaknesses and exposure areas. Doing so can include adopting more robust compliance practices and considering entering voluntary self-disclosure agreements with implicated states to address historical liabilities. Finally, tax practitioners and advisers should evaluate the AUP statutes and enforcement practices when choosing a jurisdiction for incorporation or noncorporate organization formation.
A corporation formed in Delaware unknowingly could be subject to millions of dollars of AUP audit exposure, but a company with identical operations incorporated in Ohio, an "escheat-friendly" state, likely would have little or no liability. New Jersey , U.
Free money Not Mine by Salli Castillo - Issuu
New York , U. Brady , U. Dep't of Fin. District Court Temple-Inland v. Cook , No. Code tit. Sidamon-Eristoff , F. Whether a ZIP code is sufficient documentation for a state's claim to AUP under the first-priority rule is subject to debate. Higgins v. French v. Cook , cvSLR D.
See, e. In addition, many states allow at least a partial exemption for unredeemed gift certificates or gift cards often subject to certain limitations or restrictions, such as when the gift certificate or gift card does not include an expiration date or dormancy charge. Among CPA tax preparers, tax return preparation software generates often extensive and ardent discussion. To get through the rigors of tax season, they depend on their tax preparation software. Qualified business income deduction regs.
The package includes final regulations, guidance on how to calculate W-2 wages, a safe-harbor rule for rental real estate businesses, and new proposed rules on the treatment of previously suspended losses. Toggle search Toggle navigation. Hopkins, CPA. Editor: Sarah McGahan, J. Latest News. Latest Document Summaries. Featured Articles. Most Read. Newsletter Articles. Tax Clinic.