remote of them being the issue of a deceased child, grandchild or other descendant, the share of such deceased grand-parent, shall descend to and be distributed among them as follows, namely:

(a.) Each of the children of such deceased grand-parent shall receive such share as such child would have received if all the children of 'such deceased grand-parent, who shall then be dead leaving issue, had been living at the death of the intestate.

(b.) Each of the grandchildren, if there shall be no children of such deceased grand-parent, in like manner shall receive such share as he or she would have received if all the other grandchildren, who shall then be dead, leaving issue, had been living at the death of the intestate, and so in like manner to the remotest degree.

(c.) In every such case, the issue of such deceased child, grandchild or other descendant of such deceased grand-parent shall take, by representation of their parents respectively, such share only as would have descended to such parents, if they had been living at the death of the intestate.

SECTION 11. Provided also, No person, who is not of the blood of the ancestors or other relations, from whom any real estate descended, or by whom it was given or devised to the intestate, shall, in any of the cases before mentioned, take any estate of inheritance therein, but such real estate, subject to such life estates as may be in existence by virtue of this act, shall pass to and vest in such other persons as would be entitled by this act, if the persons not of the blood of such ancestor or other relation had never existed, or were dead at the decease of the intestate.

SECTION 12. In default of known heirs or kindred, competent as aforesaid, the real estate of such intestate shall be vested in his widow, or, if such intestate were a married woman, in her surviving husband, for such estate as the intestate had therein, and in such case the widow shall be entitled to the whole of the personal estate absolutely.

SECTION 13. And whereas, it is the true intent and meaning of this act that the heir at common law shall not take, in any case, to the exclusion of other heirs and kindred standing in the same degree of consanguinity with him to the intestate, it is hereby declared, that, in every case which may arise, not expressly provided for by this act, the real as well as the personal

estate of an intestate shall pass to and be enjoyed by the next of kin of such intestate, without regard to the ancestor or other relation from whom such estate may have come.

SECTION 14. In default of all such known heirs or kindred, widow or surviving husband as aforesaid, the real and personal estate of such intestate shall go to and be vested in the commonwealth by escheat.

SECTION 15. Descendants and relatives of an intestate, begotten before his death and born thereafter, shall in all cases inherit and take in like manner as if they had been born in the lifetime of such intestate.

SECTION 16. Wherever, by the provisions of this act, it is directed that real or personal estate shall descend to or be distributed among several persons, whether lineal or collateral heirs or kindred, standing in the same degree of consanguinity to the intestate, if there shall be only one of such degree, he shall take the whole of such estate, and if there be more than one, they shall take in equal shares, and, if real estate, shall hold the same as tenants in common.

SECTION 17. The shares of the estate directed by this act to be allotted to the widow, shall be in lieu and full satisfaction of her dower at common law.

SECTION 18. If any child of an intestate shall have any estate by settlement of such intestate, or shall have been advanced by him in his lifetime, either in real or personal estate, to an amount of value equal to the share which shall be allotted to each of the other children of such intestate, such child shall have no share of the real or personal estate of such intestate; and if such settlement or advancement be to an amount or value less than the share to which he would otherwise be entitled, if no such advancement had been made, then so much only of the real and personal estate of such intestate shall be allotted to such child, as shall make the estate of all the said children to be equal, as near as can be estimated.

SECTION 19. The provisions of this act, relative to descent and distribution of real and personal estate among the descendants and collateral relations of intestates, shall be construed to mean such persons only as may have been born in lawful wedlock.

SECTION 20. The residue of the proceeds of the sale of any real estate of an intestate, made by authority of law for the

payment of debts, shall vest in the persons entitled by this act to such real estate, in such proportions, and for the like interests, respectively, as they may have had in such real estate.

SECTION 21. All such of the intestate's relations and persons concerned, who shall not lay legal claim to their respective shares, within seven years after the decease of the intestate, shall be debarred from the same forever: Provided, That if any such relation or person shall, at the time of the decease of the intestate, be within the age of twenty-one years, or a married woman, he or she shall be entitled to receive and recover the same, if he or she shall lay legal claim thereto, within seven years after coming to full age or discoverture.

SECTION 22. Nothing in this act contained, relative to a distribution of personal estate among kindred, shall be construed to extend the personal estate of an intestate, whose domicile, at the time of his death, was out of this commonwealth.

SECTION 23. This act shall take effect from and after the first day of October next, and so much of any act of assembly as is hereby altered or supplied is repealed from and after said day, except so far as may be necessary to complete the settlement and disposition of the estate of any person who may have died before that time.

135. Synopsis of Intestate Laws.

In interpreting the intestate laws, two general rules should be carefully remembered.

I. Lineal descendants in the descending series inherit equally, no distinction being made between males and females. Thus, the property of the father is inherited by his lineal descendants, say his children equally.

2. Lineal heirs in the ascending series will take in preference to the collateral kindred. If the decedent dies without issue, his parents get the estate in preference to his uncle or cousins. Before setting forth the synopsis one final word as to the meaning of the terms, per capita and per stirpes. These terms can be better understood by illustration than by definition. Suppose a man dies intestate who had originally two children one of which predeceased him so that at his death there survived him one child and two grand-children of his deceased child. The son takes onehalf of the estate, i. e. he takes per capita; the grandchildren take each half of what their parent would have received; that is one

fourth of the whole; they take per stirpes; i. e. they represent their father and divide what he would have gotten.

SYNOPSIS.

I.

WHERE A PERSON DIES UNMARRIED OR A WIDOW OR WIDOWER WITHOUT CHILDREN.

The Real Estate descends:

(a.) To the father and mother and survivor of them for life i. e. by entirety (see Par. 5, Entirety).

(b.) At parents death to the decedent's brothers and sisters and children of such as may be dead who take per stirpes.

(c.) If no brothers and sisters, then to the nephews and nieces of the whole blood per capita; i. e. in equal shares.

(d.) In absence of brothers, sisters, nephews, &c., or other descendants of the whole blood, the estate goes to their next of kin. (This means next of kin who is descended from the deceased brothers and sisters.)

(e.) If there be no next of kin then to father and mother and survivor absolutely.

(f.) If neither of above classes be able to take then it goes to half blood in the order above set forth.

(g.) If neither be living then to the next of kin. (This means general next of kin.)

(h.) If none then it escheats to commonwealth.

THE PERSONAL PROPERTY DESCENDS:

(a.) To mother and father absolutely.

(b.) If parents are dead the personal property is distributed as the real estate above set forth except that there is no distinction as to the half blood.

II.

WHERE DECEDENT IS A WIDOW OR WIDOWER LEAVING CHILDREN OR LINEAL DESCENDANTS.

THE REAL ESTATE AND PERSONAL PROPERTY DESCENDS:

(a.) To the lineal descendants who if they stand in the same degree take equally per capita, e. g. as if all be children or all be grandchildren.

(b.) But if lineals be of different degrees they take by representation (per stirpes). E. g. if some be children and others be grandchildren, the grandchildren do not take equally with the children, but divide their parents' share.

III.

MARRIED MAN LEAVing wife SURVIVING HIM.

HIS REAL ESTATE AND PERSONAL PROPERTY DESCENDS:

1. If no issue (i. e. children).

(a.) Five Thousand ($5,000.00) Dollars worth thereof out of either real or personal property or both to the widow absolutely. And one-half of the personal property remaining, if any, absolutely. And one-half of the real estate, if any, to the wife for life. At death of wife said one-half of real estate goes as does the other half in the manner outlined in division I.

2. If he dies leaving issue (i. e. children).

(a.) His personal property descends one-third to the wife absolutely, the remainder to his children.

(b.) His real estate goes one-third to his wife for life, the remainder to his children, &c., as set forth in Division II. At the wife's death the one-third goes also to the children, &c., as set forth in Division II.

3. If no children and no known heirs or kindred whatever, then the entire real estate goes to the wife absolutely.

IV.

MARRIED WOMAN LEAVING HUSBAND.

1. If no issue (i. e. children).

(a.) All of her real estate goes to the husband for life and at his death it goes as outlined in Division I.

(b.) All of her personal property goes to the husband absolutely.

2. If issue (i. e. children).

(a.) All the real estate to husband for life. After his death. it descends to children and their issue as outlined in Division II. (b.) Personal property descends to the husband and children absolutely, share and share alike. That is, the husband takes a