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scendants. The “reversion,” in such case, vests in the collaterals of intestate according to rule IV,5 and if there be none such, then the father takes the inheritance in fee. A reversion vests on the death of an intestate and is not now suspended during the intervening life estate.?

Father Inherits, When. The father inherits from his child if the property was a new purchase by his child, or derived ex parte paterna.

Adopted Children. Fathers may inherit from adopted children under recent laws. This section of the Decedent Estate Law may consequently cause embarrassment in cases where the inheritance of the adopted came to him on the part of his natural mother and not his adoptive mother. The legislation in regard to adoption must be very much supplemented to constitute a complete code of reciprocal rights, duties and obligations. It is now singularly incomplete.

Legitimated Children. The father may also inherit from children made legitimate by a subsequent marriage of parents.20

Ascendants beyond Grandfather and Grandmother. Ascendants beyond grandfather and grandmother are not let into an intestate succession by the present New York law, except possibly in conformity with the common law,12 and after all collaterals specified in this act13 are exhausted.

* Laws of 1830, chap. 320, $ 13, supra.

6 Infra, $8 86, 87, Decedent Estate Law.

6 $ 84, Decedent Estate Law; Morris v. Ward, 36 N. Y. 587; Fowler v. Ingersoll, 127 id. 472, 476.

? Barber v. Brundage, 50 App. Div. 129, affd., 169 N. Y. 368; $ 59, Real Prop. Law. Cf. Jackson v. Hendrick, 3 Johns. Cas. 214; Jackson v. Hilton, 16 id. 96; Lese v. Miller, 71 App. Div. 195, as to contingent reinainders.

8 Matter of Holman, 37 Hun, 250, 254.

og 114, Domestic Relations Law. See above pp. 359, 360, under $ 81, Decedent Estate Law.

10 See below under $ 89, Decedent Estate Law.

11 4 Kent Comm. 407. Cf. chap. 106, Laws of 1904, amending $ 288, The Real Prop. Law, now $ 88, Decedent Estate Law.

Grandparents. Prior to March 22, 1904, grandparents were not such ascendants as were specifically entitled by statute to inherit, in default of those specified in section 81 of this act. But this has now been changed by a recent statute.lt

12 § 91, Decedent Estate Law; 2 P. Wms. 61

18 8 8 87, 88, Decedent Estate Law.

14 4 Kent Comm. 407; chap. 106, Laws of 1904; and see ow, § 88, Decedent Estate Law.

$ 85. When mother inherits. If the intestate die without de

scendants and leave no father, or leave a father not entitled to take the inheritance under the last section, and leave a mother, and a brother or sister, or the descendant of a brother or sister, the inheritance shall descend to the mother for life, and the reversion to 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 hereinafter provided. If the intestate in such case leave no brother or sister or descendant thereof, the inheritance shall descend to the mother in fee.

Formerly $285, The Real Property Law (chap. 46, General Laws), chap. 547, Laws of 1896:

$ 285. When mother inherits.- If the intestate die without descendants and leave no father, or leave a father not entitled to take the inheritance under the last section, and leave a mother, and a brother or sister, or the descendant of a brother or sister, the inheritance shall descend to the mother for life, and the reversion to 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 hereinafter provided. If the intestate in such case leave no brother or sister or descendant thereof, the inheritance shall descend to the mother in fee.15

$ 285 was formerly i Revised Statutes, 752, $ 6:

$ 6. If the intestate shall die without descendants and leaving no father, or leaving a father not entitled to take the inheritance under 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 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 hereinafter 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.16

Some Account of Section 85, Supra. This section, as that preceding, forms a part of “Rule III of Descents.” The admis

15 Repealed by $ 130, Decedent Estate Law.

16 Repealed by chap. 547, Laws of 1896.

sion of the mother into the line of succession from an intestate who leaves no lineal descendants was an innovation of the Revised Statutes.17 It did not, like the rule of paternal succession, originate with the act of 1786.18

When Mother Takes a Fee. The instances where the mother takes a fee under this section include the case where the inheritance came to her intestate son from an ancestor, and such intestate leaves a brother or sister of the half blood, not of the blood of such ancestor, and excluded under section go of this act.19

When Mother Takes a Life Estate. Under this section, if an intestate leave only brothers and sisters or their descendants, no father or a father not entitled to take, and a mother, the mother takes a life estate only.20 But if there are no such collaterals the mother takes in fee.21

When intestate leaves a mother and brothers or sisters, or their descendants, one or more, the reversion vests in the collaterals at the death of intestate, and descent is not suspended during the life of the mother.22

Inheritance from Adopted Child. By recent legislation a mother by adoption may inherit from her adopted child.23 But the legislation on this subject of inheritance from adopted children is so incomplete as to make this section of the Decedent Estate Law difficult to apply in cases of intestate succession by adoptive mothers.24 If the inheritance came to intestate from his natural parents one set of arguments applies: If the estate was the result of his own frugality, another set of arguments may be made to govern the succession. But where the estate came to intestate from the adoptive family it ought certainly to revert to the members of that family.25 The legislation in New York offers, however, imperfect solution of such cases.

17 Note of Revisers, i R. S. 752, $ 13; infra, Appendix II.

18 Chap. 12, Laws of 1786, supra, p. 355.

19 Wheeler v. Clutterbuck, 52 N. Y. 67; Conkling v. Brown, 8 Abb. Pr. (N. S.) 345; s. C., 57 Barb. 265.

20 Supra, $ 85, Decendent Estate Law; Tilton v. Vail, 17 Civ. Pro. Rep. 194, 199; Miller v. Macomb, 26 Wend. 229; Berger v. Waldbaum, 46 Misc. 4; Haley v. Sheridan, 46

Misc. 506, 107 App. Div. 17, 190 N.
Y. 330; McCormack v. Coddington,
46 Misc. 510, 109 App. Div. 741, 184
N. Y. 467; Tucker v. Tucker, 122
App. Div. 308.

21 Canfield v. Fallon, 26 Misc. 345; § 85, Decendent Estate Law.

22 Barber v. Brundage, 50 App. Div. 123, affd., 169 N. Y. 368; $ 59, Real Prop. Law.

23 § 114, Domestic Relations Law, supra, p. 360.

Inheritance from Legitimated Offspring. The mother may also inherit under this section from those of her offspring who were legitimated by her subsequent marriage with their father.26

Inheritance from Illegitimate Children. The mother may also inherit from her illegitimate offspring, not legitimated; but this is pursuant to section 89 of this act.27

24 Supra, p. 377.

25 Knowlton v. Atkins, 134 N. Y. 313, 321 ; Wheeler v. Clutterbuck, 52 id. 67.

26 See below, under $ 89, Decedent Estate Law.

27 See below, $ 89, Decedent Estate Law.

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