the case of brothers and sisters by the same mother of brothers only, but by different fathers. and sisters. who are not duary heirs. 13. The portions of those who are legal sharers only, Of sharers and not residuary heirs, can be stated determinately, residuary but the portions receivable by those who are both heirs. sharers and residuaries cannot be stated generally, and must be adjusted with reference to each particular case. For instance, in the case of a husband and wife, who of sharers are sharers only, their portion of the inheritance is fixed who are resifor all cases that can occur; but in the case of daughters and sisters who are, under some circumstances, legal sharers, and under others residuaries, and in the case of fathers and grandfathers who are, under some circumstances, legal sharers only, and under others, residuaries also, the extent of their portions depends entirely upon the degree of relation of the other heirs and their number.* SECTION II. Of Sharers and Residuaries. widow. 14. The widow takes an eighth of her husband's Share of the estate, where there are children or son's children, how low soever, and a fourth where there are none. husband. 15. The husband takes a fourth of his wife's estate, Share of the where there are children or son's children, how low soever, and a moiety where there are none. 16. Where there is no son and there is only one Share of the daughter, she takes a moiety of the property as her daughter. legal share. Daughters without sons are legal sharers, and so are sisters without brothers, but with them they become merely residuaries. Grandfathers and fathers with sons, son's sons, &c. are legal sharers, but, with daughters only, they are residuaries, as well as legal sharers. Share of two or more daughters. Share of the son's daugh ters. Of the same. Of the same. Of brothers and sisters. Of the same. Of the same. Of the same. 17. Where there is no son, and there are two or more daughters, they take two-thirds of the property as their legal share. 18. Where there is no son, nor daughter, nor son's son, the son's daughters take as the daughters, namely, a moiety is the legal share of one, and two-thirds of two or more. 19. Where there is one daughter, the son's daughters take a sixth, but where there are two or more daughters they take nothing. 20. Where there is a son's son, however, or a son's grandson, the son's daughters take a share equal to half of what is allotted to the grandson or great grandson. 21. Brothers and sisters can never take any share of the property, where there is a son or son's son, how low soever, or a father or grandfather.* 22. Where there are uterine brothers, the sisters each take a share equal to half of what is taken by the brothers; and they being then residuaries, the amount of their shares varies according to circumstances. 23. In default of sons, son's sons, daughters and son's daughters, where there is only one sister and no uterine brother, she takes a moiety of the property. 24. In default of sons, son's sons, daughters and son's daughters, where there are two or more sisters and no uterine brother, they take two-thirds of the property. It is the orthodox opinion that the grandfather excludes brethren of the whole blood and those by the same father only. Among the Schias, who adhere to the doctrine of the two disciples, the contrary opinion is maintained. The terms "grandfather" and "grandmother" are intended to include all ancestors, in whatever degree of ascent, between whom and the deceased no female intervenes. 25. Where there are daughters or son's daughters of the same. and no brothers, the sisters take what remains after the daughters or son's daughters have realized their shares: such residue being half, should there be only one daughter or son's daughter, and one-third should there be two or more. sisters. 26. A distinction is made between the two descrip- of half brotions of half brothers and half sisters. Half brothers theis and half and half sisters, who are by the same father only, can of those by never inherit a half brother's estate while there are both the same fa. ther only. brothers and sisters by the same father and mother, but of those by those by the same mother only, do inherit with brethren the same mother only. of the whole blood. by the same father only. 27. Where there is only one sister by the same father of half sisters and mother, the half sisters by the same father only, supposing them to have no uterine brother, take onesixth as their legal shares. 28. Where there are two or more sisters by the same of the same. father and mother, the half sisters by the same father only, supposing them to have no uterine brother, take nothing. 29. Where however the half sisters by the same father of the same. only, have an uterine brother, they each take a share equal to half of what is allotted to him. sisters by the same mother 30. Among brothers and sisters by the same mother Brothers and only, difference of sex makes no distinction in the amount of the shares, contrary to the case of brothers and sis- only inherit equally; but ters by the same father and mother, and brothers and the general sisters by the same father only; but the general rule of rule of a doua double share to the male applies to their issue. ble share for the male applies to their issue. Of a half bro 31. Where there is one brother by the same mother only, or one sister by the same mother only, his or her ther and a the same mo ther. half sister by share is one-sixth, provided there are no children of the deceased nor son's children, nor father, nor grandfather, and where there are two or more children by the same mother only, their share is one-third. Of two or more. Of the father. Of the mo. ther. Of the same. Of the grandfather. Share of. Of the grandmother. Of paternal female ancestors. Exception. Share of 32. Where there is a son of the deceased, or son's son, how low soever, the father will take one-sixth. 33. Where there are children, or son's children, how low soever, or two or more brothers and sisters, the mother will take one-sixth. 34. Where there are no children, nor son's children, and only one brother or sister, the mother will take onethird with a widow or a widower, if she have a grandfather to share with instead of a father; but a third of the remainder only, after the shares of the widow or widower have been satisfied, if there be a father to share with her. 35. Grandfathers can never take any share of the property where there is a father. 36. Where there is a son of the deceased or son's son, how low soever, and no father, the grandfather will take one-sixth. 37. Grandmothers can never take any share of the property where there is a mother, nor can paternal grandmothers inherit where there is a father. 38. Paternal female ancestors of whatever degree of ascent are also excluded by the grandfather, except the father's mother; she not being related through the grandfather. 39. The share of a maternal grandmother is one-sixth, grandmothers. and the same share belongs to the paternal grand mother where there is no father. 40. Two or three grandmothers being of equal degree, Of two or share the sixth equally, more grandmothers. 41. But grandmothers who are nearer in degree to the The nearer exdeceased, exclude those who are more distant. clude the more distant. tors. 42. A maternal grandfather and the mother of a ma- Offalse ancesternal grandfather are not entitled to any specific share, they being termed false ancestors, and not included in the number of sharers or residuaries. SECTION III. Of distant kindred. class of distant kindred. 43. Where there is no son, nor daughter, nor son's son, nor son's daughter, howeyer low in descent, nor father, nor grandfather, nor other lineal male ancestor, nor mother, nor mother's mother, nor father's mother, nor other lineal female ancestor, nor widow, nor husband, nor brother of the half or whole blood, nor sons, how of the first low soever, of the brethren of the whole blood or of those by the same father only, nor sister of the half or whole blood, nor paternal uncle, nor paternal uncle's son, how low soever, (all of whom are termed either sharers or residuaries),* the daughter's children and the children of the son's daughters succeed; and they are termed the first class of distant kindred. 44. In default of all those above enumerated, the of the second grandfathers and grandmothers of that description, who Of the persons here enumerated the following males are legal sharers, namely, the father, the grandfather or other lineal male ancestor, the husband and the brother of the half blood by the same mother only, and the following females, namely the daughter, the son's daughter, the widow, the mother, the grandmother, the sister by the same father and mother, the sister by the father only and the sister by the same mother only. The shares of these persons vary according to circumstances, and in particular instances some of them (as has been shown) are liable to exclusion altogether. The rest of the persons enumerated are residuaries only, and have no specific shares. class. |