ants of dead children. 3 Edw. Ch., 361; 79 N. Y., 527. Rule in last section to descend equal degrees. and to the descendants of such children as shall have died; so that each child who shall be living, shall inherit such share as would have descended to him, if all the children of the intestate who shall have died leaving issue, had been living; and so that the descendants of each child who shall be dead, shall inherit the share, which their parent would have received if living. [1 R. L., 52, § 3, second rule.] § 4. The rule of descent prescribed in the last section, shall apply apply to all in every case where the descendants of the intestate, entitled to share ants of un- in the inheritance, shall be of unequal degrees of consanguinity to the intestate; so that those who are in the nearest degree of consanguinity, shall take the shares which would have descended to them, had all the descendants in the same degree of consanguinity, who shall have died, leaving issue, been living; and so that the issue of the descendants who shall have died, shall respectively take theshares, which their parents, if living, would have received. When [752] When mother to her life. When to inherit in fee. [The same.] § 5. In case the intestate shall die without lawful descendants, and leaving a father, then the inheritance shall go to such father, unless the inheritance came to the intestate on the part of his mother, and such mother be living; but if such mother be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate, and their descendants, according to the law of inheritance by collateral relatives hereinafter provided; if there be no such brothers or sisters, or their descendants living, such inheritance shall descend to the father in fee. [Thus amended by L. 1830, ch. 320, § 13.] [Id., 3d rule.] § 6. If the intestate shall die without descendants and leaving no father, or leaving a father not entitled to take the inheritance under inherit for the last preceding section, and leaving a mother, and a brother or sister, or the descendant of a brother or sister, then the inheritance shall descend to the mother during her life, and the reversion to 70; 57 N.Y., such brothers and sisters of the intestate as may be living, and the descendants of such as may be dead, according to the same law of inheritance herein after provided. If the intestate in such case, shall leave no brother or sister, nor any descendants of any brother or sister, the inheritance shall descend to the mother in fee. 52 N. Y., 67, 276. Collateral relatives. Rule when all of dif § 7. If there be no father or mother, capable of inheriting the estate, it shall descend, in the cases herein after specified, to the colferent de lateral relatives of the intestate; and if there be several such relatives, all of equal degree of consanguinity to the intestate, the inherBarb., 301. itance shall descend to them in equal parts, however remote from the intestate, the common degree of consanguinity may be. grees. Brothers and sisters. Their descendants. 31 Barb., 658; 21 [1 R. L., 52, § 3, 4th and 5th rules.] § 8. If all the brothers and sisters of the intestate be living, the inheritance shall descend to such brothers and sisters; if any of them be living, and any be dead, then to the brothers and sisters, and Wend.,130; every of them who are living, and to the descendants of such brothers and sisters as shall have died; so that each brother or sister who shall be living, shall inherit such share as would have descended to. 10 Paige, 148; 5 Sandf., 418. him or her, if all the brothers and sisters of the intestate, who shall have died leaving issue, had been living; and so that such descendants shall inherit the share, which their parent would have received, if living. [The same.] § 9. The same law of inheritance, prescribed in the last section, Rule if such shall prevail, as to the other direct lineal descendants of every ants are of brother and sister of the intestate, to the remotest degree, whenever degrees. such descendants are of unequal degrees. unequal 10 Paige, 148; 4 Paige, 340. and sisters § 10. If there be no heir entitled to take under either of the pre- Brothers ceding sections, the inheritance, if the same shall have come to intestate on the part of his father, shall descend, the of father, and their descend I. To the brothers and sisters of the father of the intestate in ants. equal shares, if all be living: 2. If any be living, and any shall have died leaving issue, then to such brothers and sisters as shall be living, and to the descendants of such of the said brothers and sisters as shall have died: 3. If all such brothers and sisters shall have died, then to their descendants: In all cases, the inheritance shall descend in the same manner, as if all such brothers and sisters, had been the brothers and sisters of the intestate. 14 N. Y., 235; 10 Paige, 148; Lans., 446. [753] Brothers of mother descend § 11. If there be no brothers and sisters, or any of them, of the father of the intestate, and no descendants of such brothers and sis- and sisters ters, then the inheritance shall descend to the brothers and sisters and their of the mother of the intestate, and to the descendants of such of the said brothers and sisters as shall have died, or if all shall have died, then to their descendants, in the same manner, as if all such brothers and sisters had been the brothers and sisters of the father. ants. sisters of and their ants, to be § 12. In all cases not provided for by the preceding sections, case browhere the inheritance shall have come to the intestate on the part thers and of his mother, the same, instead of descending to the brothers and mother, sisters of the intestate's father, and their descendants, as prescribed descendin the preceding tenth section, shall descend to the brothers and sis- preferred ters of the intestate's mother, and to their descendants, as directed to those of in the last preceding section; and if there be no such brothers and sisters, or descendants of them, then such inheritance shall descend to the brothers and sisters and their descendants, of the intestate's father, as before prescribed. [1 R. L., 52, § 3, 3d rule.] § 13. In cases where the inheritance has not come to the intestate, on the part of either the father or mother, the inheritance shall descend to the brothers and sisters both of the father and mother of the intestate, in equal shares, and to their descendants, in the same manner as if all such brothers and sisters, had been the brothers and sisters of the intestate. father. When bro thers and sisters of and mother, etc., to inherit equally, both father 52 N. Y., 67; 79 N. Y., 52. Mother, etc., of ille. gitimate in testate. 14. In case of the death, without descendants, of an intestate who shall have been illegitimate, the inheritance shall descend to his mother; if she be dead, it shall descend to the relatives of the intes tate on the part of the mother, as if the intestate had been legitimate. § 15. Relatives of the half blood shall inherit equally with those Relatives 23 Barb.,32; 24 Hun, 187. blood. 14 N. Y., 235; 31 of the half of the whole blood in the same degree; and the descendants of such relatives shall inherit in the same manner as the descendants of the whole blood; unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors; in which case, all those Sandf, 418; who are not of the blood of such ancestor, shall be excluded from such inheritance. Barb., 658; 1 Paige, 562; 5 52 N. Y., 67; 56 N. Y., 224; 16 Common law when J. & S., 430. § 16. In all cases not provided for by the preceding rules, the to prevail. inheritance shall descend according to the course of the common Rule as to one heir. 6 Hill, 637. Several heirs, how to hold. [754] Posthu law. [1 R. L., 52, § 3, 5th rule.] § 17. Whenever there shall be but one person entitled to inherit, according to the provisions of this chapter, he shall take and hold the inheritance solely; and whenever an inheritance, or a share of an inheritance, shall descend to several persons, under the provisions of this chapter, they shall take as tenants in common, in proportion to their respective rights. § 18. Descendants and relatives of the intestate, begotten before his death, but born thereafter, shall in all cases inherit in the same manner, as if they had been born in the life time of the intestate, 2 Barb.,251; and had survived him. mous descendants and relatives. 4 Hun, 612. Illegiti mate children and relatives. [1 R. L., 54, § 5.] § 19. Children and relatives who are illegitimate, shall not be entitled to inherit, under any of the provisions of this chapter. 18 Hun, 507; 91 N. Y.,315. Certain es not to be $20. The estate of a husband as tenant by the curtesy, or of a tates, etc., widow as tenant in dower, shall not be affected by any of the provisions of this chapter; nor shall the same affect any limitation of any estate by deed or will. R., 595; 19 Hun, 216; 21 Hun, 381; 22 Hun, 266; 13 Daly, 103; 24 W. D., 35. Estates in trust. Alienism Y., 274; 3 [1 R. L., 54, § 4.] § 21. Real estate held in trust for any other person, if not devised by the person for whose use it is held, shall descend to his heirs, according to the provisions of this chapter. 1 R. L., 74, § 4.] § 22. No person capable of inheriting under the provisions of this chapter, shall be precluded from such inheritance, by reåson of the alienism of any ancestor of such person. Barb. Ch., 446; 21 Wend., 130; 3 Sandf., 79; 7 Wend., 336; 1 Sheld., 128; 57 How. Pr., 229; 80 N. Y., 171. When advancement § 23. If any child of an intestate shall have been advanced by him, to be set off. by settlement or portion of real or personal estate, or of both of them, the value thereof shall be reckoned, for the purposes of this Abb, 3; 13 section only, as part of the real and personal estate of such intestate, Barb. 252; descendible to his heirs, and to be distributed to his next of kin, ac 3 Sandf. 3 Bradf., cording to law; and if such advancement be equal or superior, to 199; 6 Barb., 404; 61 Barb., Barb., 309; 4 Hun, 758; 2 Redf., 19; id., 465; 70 N. Y., 612; Dem., 540; 42 Hun, 278. deducted. 3 Sandf 14 Hun, 755; 58 Barb., Ch. 127; § 24. But if such advancement be not equal to such share, such When to be child and his descendants shall be entitled to receive so much only, of the personal estate, and to inherit so much only, of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in such real and personal estate and advancement, to be equal as near as can be estimated. [The same.] 310; 61 íd., 298; 64 Barb., 404. advance. § 25. The value of any real or personal estate so advanced shall Value of be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise such value shall be estimated, according to the worth of the property when given. ment. 3 Sandf. 64 Barb., 404; 61 Barb., 298; 18 Hun, 319. § 26. The maintaining or educating, or the giving of money to a Expenses, child, without a view to a portion or settlement in life, shall not be not ad deemed an advancement. vancements. 10 Barb., 72; 61 Barb., 298. "real es ance" de. § 27. The term "real estate," as used in this chapter, shall be Terms construed to include every estate, interest and right, legal and equita- tate and ble, in lands, tenements and hereditaments, except such as are deter- "inheritmined or extinguished by the death of an intestate, seised or possessed fined. thereof, or in any manner entitled thereto, and except leases for [755] years, and estates for the life of another person; and the term "inheritance," as used in this chapter, shall be understood to mean estate, as herein defined, descended according to the provisions of this chapter. real 53 N. Y., 199; 52 N. Barb., 643; Bradf, 7; Y., 67; 51 88 N. Y., 560. Construc tion of cer § 28. Whenever, in the preceding sections, any person is described as living, it shall be understood that he was living at the time of the tain ex death of the intestate, from whom the descent came; and whenever pressions. any person is described as having died, it shall be understood, that he died before such intestate. every certain pressions. § 29. The expressions used in this chapter, "where the estate Meaning of shall have come to the intestate, on the part of the father," or other ex"mother," as the case may be, shall be construed to include case where the inheritance shall have come to the intestate, by devise, gift, or descent from the parent referred to, or from any relative of the blood of such parent. -- L. 1855, Chap. 547 — An act allowing illegitimate children to inherit real and personal property in certain cases. Illegitimates may inherit from their mother. SECTION 1. Illegitimate children in default of lawful issue, may inherit real and personal property from their mother as if legitimate; but nothing in this act shall affect any right or title in or to any real or personal property already vested in the lawful heirs of any person heretofore deceased. 3 Bradf., 249. |