VII. On Death of Wife, predeceased by Husband, leaving Child or Children. 1. Law prior to 18th July, 1881. Whole to child or children, of whatever marriage, equally (2), with representation in case of deceased children (a), as noted under No. I. regarding dead's part. 2. Law after 18th July, 1881. One-half to surviving child or children as legitim (b). Rest to children(c) under conditions noted under No. I. as regards dead's part. VIII. On Death of Wife, predeceased by Husband, without Children, or a person dying unmarried. Whole to next-of-kin(c)—divisible in manner noted as regards second half of estate under No. II. ORDER OF SUCCESSION IN MOVEABLE ESTATE. 129. Order of Succession. The following statement will show the operation of the rules of law within the ordinary limits. But it must be kept in view that unless legally excluded, discharged, or satisfied, the widow has by law her jus relicta,(d) the surviving children their legitim,(e) and the widower a share corresponding in amount to the jus relicta of his wife's estate, (f) and that it is only what is known as the "dead's part "(g) which falls under intestacy. Further, the mother and her relations, barring the two exceptions mentioned below, (h) are altogether excluded from succession in moveable estate, but children succeed to, and through their mother.(2) I.—(1) Children; (2) grandchildren; (3) great-grandchildren; and so on until the descendants of the intestate be exhausted, with representation,-i.e., the issue collect (z) Bell's Prin. §§ 1591, 1861. (a) 18 Vict. c. 23, § 1. (b) 44 & 45 Vict. c. 21, § 7. (c) Ersk. 3, 9, 18. (d) §§ 91-98. (e) §§ 100-113. (ƒ) § 99. (g) §§ 114-116. (h) IV. 1. (i) Bell's Prin. § 1861; Ersk. 3, 8, 9, and 3, 9, 2. See general rule of law, § 128. ively of each child, predeceasing its parent, taking an equal share with each of the living children.(k) Failing Descendants. II. (a) The father of the intestate, if alive, takes one-half, and, failing him, the mother, if alive, one-third of the free succession,-i.e., the dead's part,-preferably to the intestate's collaterals, under sections 3 & 4 of the Moveable Succession Act of 1855.(l) (b) (1) Brothers- and sisters-german; (2) nephews and nieces, children of brothers- and sisters-german; (3) grandnephews and nieces, grandchildren of brothersand sisters-german; and so on until the collateral line flowing from brothers- and sisters-german be exhausted, with representation as aforesaid in the case of deceased successors.(m) (c) (1) Brothers- and sisters-consanguinean,-i.e., of the same father but not the same mother with the intestate; (2) nephews and nieces, children of brothersand sisters-consanguinean; (3) grandnephews and nieces, grandchildren of brothers- and sisters-consanguinean; and so on, until the collateral line flowing from brothers- and sisters-consanguinean be exhausted, with representation as aforesaid in the case of deceased successors.(n) Failing collaterals and their descendants. III. The father of the intestate at common law.(0) Failing the father. IV. (1.) To the extent of one-half only of the free succession under the 5th section of the said Moveable Succession Act, the other half descending to the intestate's nextof-kin of the full blood:-(1) Brothers- and sistersuterine,―i.e., of the same mother but not the same father with the intestate; (2) nephews and nieces, children of brothers- and sisters-uterine; (3) grandnephews and nieces, grandchildren of brothers- and (k) §§ 84, 125. (1) § 74. (m) §§ 19, 33, 53, 72, 125. (n) §§ 86, 125. sisters-uterine; and so on until the collateral line flowing from brothers- and sisters-uterine be exhausted, with representation as aforesaid in the case of deceased successors. (p) (2.) (1) Uncles- and aunts-german, brothers and sisters of the father; (2) children of uncles and aunts, or cousins-german; (3) grandchildren of uncles- and aunts-german, and so on until the line flowing from the father's collateral german relations be exhausted, but without representation of deceased successors.(q) (3.) (1) Uncles- and aunts-consanguinean, brothers and sisters of the father; (2) children of uncles and aunts, or cousins-consanguinean; (3) grandchildren of uncles- and aunts-consanguinean, and so on until the line flowing from the father's collateral consanguinean relations be exhausted, but without representation of deceased successor. (r) Whom failing. V. The grandfather of the intestate.(s) Whom failing. VI.—(1.) (1) Greatuncles and aunts, brothers- and sistersgerman of the grandfather; (2) children of greatuncles- and aunts-german; (3) grandchildren of greatuncles- and aunts-german, and so on until the line flowing from the grandfather's collateral german relations be exhausted, but without representation of deceased successors.(t) (2.) (1) Greatuncles and aunts, brothers- and sisters-consanguinean of the grandfather; (2) children of greatuncles and aunts-consanguinean; (3) grandchildren of greatuncles- and aunts-consanguinean, and so on until the line flowing from the grandfather's collateral consanguinean relations be exhausted, but without representation of deceased successor.(u) Whom failing. VII. The great-grandfather of the intestate.(v) Whom failing. VIII. The great-grandfather's collaterals succeed in the same order as stated above in No. VI.; and failing them, the great-great-grandfather, and after him his collaterals in the same order, and so on upwards, as far as propinquity can be traced. Failing heirs connected by blood with the intestate the Crown takes the whole succession as ultimus hæres.(w) (w) See Note (r); also §§ 65, 66. |