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Distribution of Estates by Deceased Persons
The personal estate of anyone who dies intestate, after the payment of his debts, and the surplus remaining after the payment of debts and legacies where a will has been left, if not bequeathed, shall be distributed to the widow, children, or next of kin as follows :- First-One-third part thereof goes to the widow, and all the remainder to the children in equal portions, and such persons as may legally represent them, should any of them have died before the deceased.
Second-If there be no children, or no legal representative of them, then onehalf of the whole surplus estate, after all debts are paid, shall be given to the widow, and the other half to the next of kin of the deceased. Third-Should the deceased leave a widow and no descendant, parent, brother or sister, nephew or niece, the widow will receive the entire surplus; but should there be a brother or sister, nephew or niece, and no descendant or parent, the widow shall be entitled to a moiety of the surplus and to the whole of the residue, where it does not exceed two thousand dollars; but if the residue exceed that sum, she shall receive besides the moiety, two thousand dollars; and the residue shall be distributed to the brothers and sisters and their representatives.
Fourth-If there be no widow, the whole surplus shall be distributed equally among the children and those legally representing them. Fifth-If there be no widow and no children, and no representatives of a child,, the entire surplus shall be distributed to the next of kin, in equal degree to the deceased, and to their legal representatives. Sixth-In case the deceased shall leave no children and no representatives of them, and no father, but shall leave a widow and a mother, the moiety not distributed to the widow shall be given in equal shares to the mother, and brothers, and sisters, or the representatives of such brothers and sisters; and if there be no widow the whole surplus shall be distributed in like manner to the mother, and to the brothers, and sisters, or to the representatives of such brothers and sisters. Seventh-Should the deceased leave a father, and no child or descendant, the father will receive a moiety, if there be a widow, and the whole if there be no widow. Eighth Should the deceased leave a mother and no child, descendant, father, brother, sister, or representative of a brother or sister, the mother, if there be a widow, shall take a moiety, and the whole if there be no widow. Ninth-In cases where the descendants or next of kin of the deceased entitled to share in his estate, shall all be in equal degree to the deceased, their shares shall be equal.
Tenth - Where such descendants, or next of kin are of unequal degrees of kindred, the surplus shall be distributed among those entitled thereto according to their respective stocks; thereby giving those who take in their own right equal shares, and those who take by representation the shares to which the parent whom they represent, if living, would have been entitled.
Eleventh-Collaterals after brothers' and sisters' children, shall receive no representation. Twelfth-Relatives of the half-blood shan receive equally with those of the whole blood in the same degree; and the representatives of the half-blood shall take in the same manner as the representatives of the whole blood. Thirteenth-The descendants and next of kin of the deceased begotten before his death, but born thereafter, shall receive in the same manner as if they had been born while the deceased was living and had survived him. The provisions mentioned are applicable to the personal estates of married women who die intestate and leave descendants; and the husband of any deceased married woman may demand, recover and enjoy the same distributive share in her personal estate that she, if a widow, would be entitled to receive, and that only. The real property of all persons who die intestate descends as follows: First, to their lineal descendants; secondly, to the father; thirdly, to the mother; and lastly, to the collateral relatives.
If the inheritance comes to the intestate on the part of the mother, the father cannot take if the mother be living; but should she be dead, the father can take only a life interest, unless all the brothers and sisters and descendants of the deceased be dead, or unless the deceased had no brothers or sisters, in which cases the father could take the fee.
Where there is no father or mother, if the inheritance came to the deceased from the mother, it will go to the collateral relatives of the mother in preference to those of the father.
If the inheritance did not come to the deceased either from the father or mother, it will go to the collateral relatives of both in equal shares. Relatives of the half-blood inherit equally with relatives of the whole blood in the same degree.
The descendants and relatives of the intestate begotten before, but born after his death, inherit in the same manner as if they had been born while the intestate was living.
The inheritance of an illegitimate child goes to the mother on the child's death. Apart from the provisions in favor of the widow and minor children from the personal estate of her husband, it is also provided that she may remain in her husband's house for forty days after his decease, whether her dower be sooner assigned *or not, without incurring rent for the same, and shall also have reasonable support from the estate of her husband.
This support shall come out of the property of her husband, through the executor or administrator, in case one is appointed previous to the close of the forty days, and shall be given in accordance with the station of life of the family to the widow and such children as may be dependent on her. The executor or administrator should exercise the same care and discretion in the matter of providing this support, that he would in paying funeral expenses.