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 I DISTRIBUTION OF PERSONAL ESTATE 
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 (Sift of 
 
 Hon. Harold E. Simpson, LL.B. ' 21 
 Savings Bank Building 
 Ithaca, New York 
 
Cornell University Library 
 KFN5208.Z9P88 
 
 Tables showing the law of descent of rea 
 
 3 1924 022 809 762 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924022809762 
 
TABLES 
 
 SHOWING THE 
 
 LAW OF DESCENT 
 
 Real Estate 
 
 DISTRIBUTION OF PERSONAL ESTATE 
 OF INTESTATES 
 
 State of New York. 
 
 By JOHN POWER. 
 
 ALBANY: 
 
 W. C. LITTLE & CO. 
 
 1899. 
 
^^«^^^ 
 
 r 
 
 COPTTEIGHT, 1899, ! 
 
 By W. 0. LITTLE & CO. 
 
PREFACE. 
 
 These tables show the application of the law 
 of the State of New York regulating the 
 descent of the real estate of intestates situ- 
 ated in the State of New York (Laws of 1896, 
 Chapter 547, Article IX, sections 280-296; 
 Laws of 1896, Chapter 272, section 64, as 
 amended by Laws of 1897, Chapter 408; 
 Laws of 1897, Chapter 756; and Laws of 1896, 
 Chapter 272, section 18, as amended by Laws 
 of 1899, Chapter 725), and the distribution of 
 the personal estate of intestates domiciled in 
 the State of New York (Code of Civil Proce- 
 dure, section 2713, as amended in 1893, and 
 sections 2732-3-4, as amended in 1893, 1897 and 
 1898; Laws of 1896, Chapter 272, section 64, as 
 amended by Laws of 1897, Chapter 408; and 
 Laws of 1896, Chapter 272, section 18, as 
 amended by Laws of 1899, Chapter 725.) The 
 alteration made in the law of distribution of 
 intestate's personal estate by Laws of 1898, 
 Chapter 319, is very important, and it is appre- 
 hended that in the case of distant collateral 
 next of kin of an intestate who leaves personal 
 estate only, it must receive judicial 
 construction. 
 
TABLE I. 
 
 If the intestate die leaving a widow 
 and child, or children, or an 
 adopted child, or children. 
 
 BiEAjj Estate. 
 
 Descends to child, or adopted child, or, if 
 more than one, to children or adopted children, 
 equally, as tenants in common, subject to 
 widow's dower. (Laws of 1896, Chapter 547, 
 Article IX, sections 281-2-93; Article V, section 
 170. Laws of 1896, Chapter 272, section 64, as 
 amended by Laws of 1897, Chapter 408.) 
 Widow is also entitled to dower in any real 
 estate of which her husband was seized of an 
 estate of inheritance at any time during the 
 coverture, unless same released or barred. 
 (Laws of 1896, Chapter 547, Article V, sections 
 170, 176-7-8.) And is also entitled to residence 
 in chief house of her husband, and sustenance 
 out of his estate for forty days after his death. 
 (Ibid, section 184.) An advancement to a child 
 must be brought into hotch pot. (Ibid, Article 
 
6 LAW OF DESCENT. 
 
 IX, sections 295-6. Durando v. Durando, 23 
 N. Y., 331; Elmendorf v. Lockwood, 57 N. Y., 
 322; Cole v. Irvine, 6 Hill, 634; Wheeler v. Olut- 
 terbrick, 52 N. Y., 67.) Under Laws of 1899, 
 Chapter 725, illegitimate children, whose par- 
 ents have intermarried or may intermarry, are 
 entitled to all the rights and privileges of legiti- 
 mate children, but prior estates, etc., shall not 
 be divested. 
 
 Personal Estate. 
 
 If the child or children, adopted or otherwise, 
 or some of them, be. a minor or minors, widow, 
 while she lives with and provides for such minor 
 child or children, shall remain in possession of 
 the following articles of personal property, 
 which shall not be deemed assets, but must be 
 included and stated in the inventory of the 
 estate without being appraised: 
 
 1. All spinning wheels, weaving looms, one 
 knitting machine, one sewing machine and 
 stoves put up or kept for use by his family. 
 
 2. The family Bible, family pictures, and 
 school books used by or in such family, and 
 books not exceeding in value fifty dollars, which 
 
LAW OF DESCENT. 7 
 
 were kept and used as part of the family 
 library. 
 
 3. Sheep to the number of ten, with their 
 fleeces, and the yarn and cloth manufactured 
 from the same; one cow, two swine, and the 
 pork of such swine, and necessary food for such 
 swine, sheep, or cow for sixty days, and all 
 necessary provisions and fuel for such widow, 
 child, or children for sixty days after the death 
 of such deceased person. 
 
 4. All necessary wearing apparel, beds, bed- 
 steads and bedding, necessary cooking utensils, 
 the clothing of the family, the clothes of the 
 widow, and ornaments proper for her station; 
 one table, six chairs, twelve knives and forks, 
 twelve plates, twelve tea cups and saucers, one 
 sugar dish, one milk pot, one tea pot and twelve 
 spoons, and other household furniture, not 
 exceeding one hundred and fifty dollars in 
 value. 
 
 5. Other necessary household furniture, pro- 
 visions or other personal property, in the discre- 
 tion of the appraisers, to the value of not 
 exceeding one hundred and fifty dollars. 
 
 And when minor or minors shall attain the 
 age of twenty-one, same shall belong to her 
 
8 LAW OF DESCENT. 
 
 absolutely. If there be no minor child or chil- 
 dren, adopted or otherwise, all such articles 
 shall belong to the widow. If she ceases to pro- 
 vide for minor child or children, she shall be 
 entitled to retain as her own, her wearing 
 apparel, her ornaments, and one bed, bedstead, 
 and the bedding for the same, and the property 
 above specified in said paragraph numbered 5, 
 and the other articles so exempted shall belong 
 to such minor child or children, adopted or 
 otherwise. 
 
 One-third of other personal estate to widow, 
 and two-thirds to child, or adopted child, or if 
 more than one, to children, or adopted children, 
 equally. 
 
 If child or children, adopted or otherwise, of 
 age, said articles above specified in paragraphs 
 numbered 1 to 5, both inclusive, and one-third of 
 the other personal estate to widow, and two- 
 thirds of other personal estate to child, or if 
 more than one, to children, equally. (Code of 
 Civ. Pro., sections 2713 and 2732, subdivis- 
 ion 1. Laws of 1896, Chapter 272, section 64, as 
 amended by Laws of 1897, Chapter 408.) 
 
 An advancement to a child must be brought 
 into hotch pot. (Laws of 1896, Chapter 547, 
 Article IX, sections 295-6.) 
 
LAW OF DESCENT. 9 
 
 Under Laws of 1899, Chapter 725, illegitimate 
 children, whose parents have intermarried or 
 may intermarry, are entitled to all the rights 
 and privileges of legitimate children, but prior 
 estates, etc., shall not be divested. (See also, 
 Miller v. Miller, 91 N. Y., 315; Matter of Merich, 
 63 How. Pr., 62.) 
 
 TABLE II. 
 
 If the intestate dies leaving a widow, 
 children, the grandchildren of de- 
 ceased children or adopted chil- 
 dren, and the children of other 
 deceased children. 
 
 Reax, Estate. 
 
 Descends equally to children, grandchildren 
 of deceased children, or adopted children, and 
 the children of other deceased children, the 
 children taking equally per capita, the grand- 
 Children of deceased children, or adopted chil- 
 dren, and the children of other deceased chil- 
 dren, taking equally per stirpes, subject to 
 widow's dower. (Laws of 1896, Chapter 547, 
 
10 LAW OF DESCENT.. 
 
 Article IX, sections 281-2-3. Laws of 1896, 
 Chapter 272, section 64, as amended by Laws of 
 1897, Chapter 408.) Widow is also entitled to 
 other rights as in Table I. 
 
 An advancement to a child must be brought 
 into hotch pot. (Laws of 1896, Chapter 547, 
 Article IX, sections 295-6.) Under Laws of 
 1899, Chapter 725, illegitimate children, whose 
 parents have or may intermarry, are entitled to 
 all the rights and privileges of legitimate chil- 
 dren, but prior estates, etc., shall not be 
 divested. 
 
 Personal Estate. 
 
 The articles specified in section 2713 of Code 
 of Civil Procedure must be set apart for the 
 widow, or for the widow and such of the chil- 
 dren as are minors, as in Table I, and one-third 
 of the other personal estate will belong to 
 widow, and two-thirds to children, grand- 
 children of deceased children, or of adopted chil- 
 dren, and children of other deceased children, 
 the children taking equally per capita, the 
 grandchildren of deceased children, or of 
 adopted children, and the children of other 
 deceased children, taking equally per stirpes. 
 « (Code of Civ. Pro., sections 2713-2732, sub- 
 
LAW OF DESCENT. , 11 
 
 division 1. Laws of 1896, Chapter 272, section 
 64, as amended by Laws of 1897, Chapter 408.) 
 An advancement to a child must be brought 
 into hotch pot. (Laws of 1896, Chapter 547, 
 Article IX, sections 295-6.) Under Laws of 
 1899, Chapter 725, illegitimate children, whose 
 parents have or may intermarry, are entitled to 
 all the rights and privileges of legitimate chil- 
 dren, but prior estates, etc., shall not be 
 divested. 
 
 TABLE III. 
 
 If the intestate die leaving a widow 
 and grandchildren. 
 
 Rbax, Estate. 
 
 Descends to grandchildren equally, per 
 capita, subject to widow's dower and other 
 rights, as per Table I. (Laws of 1896, Chapter 
 547, Article IX, sections 281-2.) 
 
 Pbrsonaij Estate. 
 
 Articles specified in Table I, paragraphs num- 
 bered 1 to 5, both inclusive, must be set apart 
 
12 LAW OF DESCENT. 
 
 for widow, and one-third of other personal 
 estate will belong to widow, and two-thirds to 
 grandchildren equally, per capita. (Code Civil 
 Procedure, sections 2713-2732, subdivision 1.) 
 
 TABLE IV. 
 
 If the intestate die leaving a widow, 
 and no descendant, parent, 
 brother, sister, nephew or niece, 
 but leaving grandnephews and 
 grandnieces, and descendants of 
 deceased grandnephews and 
 grandnieces. 
 
 Reax, Estate. 
 
 Descends to grandnephews and grand- 
 nieces, and to the descendants of deceased 
 grandnephews and grandnieces, the grand- 
 nephews and grandnieces taking equally, per 
 capita, the descendants of deceased grand- 
 nephews and grandnieces taking equally, per 
 stirpes, subject to widow's dower and other 
 rights, as per Table I. (Laws of 1896, Chapter 
 547, Article IX, section 287.) 
 
LAW OF DESCENT. 13 
 
 Personal, Estate. 
 
 Articles specified in Table I, paragraphs num- 
 bered 1 to 5, both inclusive, must be set apart 
 for widow. Whole of residue of personal estate 
 to widow. (Code of Oiv. Pro., sections 2713- 
 2732, subdivision 3.) 
 
 TABLE V. 
 
 If the intestate die leaving a widow, 
 brother and sister, nephew and 
 niece (children of a deceased 
 brother). 
 
 Eeax, Estate. 
 Descends to brother and sister, nephew and 
 niece, the brother and sister taking equally, per 
 capita, the nephew and niece taking equally, 
 per stirpes, subject to widow's dower and other 
 rights, as per Table I. (Laws of 1896, Chapter 
 547, Article IX, section 287. See Luhrs v. 
 Eimer, 80 N. Y., 171.) 
 
 Pbesonax, Estate. 
 
 The articles specified in Table I, paragraphs 
 numbered 1 to 5, both inclusive, must be set 
 
14 LAW OF DESCENT. < 
 
 apart for widow. If residue does not exceed in 
 value |4,000, whole to widow. If it exceeds 
 that sum, widow takes one-half of residue, and 
 |2,000 in addition, remainder to brother and 
 sister, nephew and niece, brother and sister 
 taking equally per capita, nephew and niece 
 taking equally per stirpes. (Code of Civ Pro., 
 sections 2713-2732, subdivision 3.) 
 
 TABLE VI. 
 
 If the intestate die leaving a widow 
 and father. 
 
 Real Estate. 
 Descends to father, subject to widow's dower, 
 and other rights, as per Table I. (Laws of 1896, 
 Chapter 547, Article IX, section 284.) 
 
 Peesonajj Estate. 
 The articles specified in Table I, paragraphs 
 numbered 1 to 5, both inclusive, must be set 
 apart for widow. Residue equally between 
 father and widow. (Code Civ. Pro., sections 
 2713-2732, subdivision 7. Haring v. Coles, 2 
 
LAW OF DESCENT. 15 
 
 Brad., 349. See Matter of Hoffman, 37 Hun, 
 250; Morris v. Ward, 36 N. Y., 587.) 
 
 TABLE VII, 
 
 If the intestate die leaving children 
 and children of deceased children. 
 
 BEAii Estate. 
 
 Descends to children and children of 
 deceased children, the children taking equally 
 per capita, the children of deceased children 
 taking equally per stirpes. (Laws of 1896, 
 Chapter 547, Article IX, section 283.) 
 
 An advancement to a child must be brought 
 into hotch pot. (Laws of 1896, Chapter 547, 
 Article IX, sections 295-6.) Under Laws of 
 1899, Chapter 725, illegitimate children, whose 
 parents have or may intermarry, are entitled to 
 all the rights and privileges of legitimate chil- 
 dren, but prior estates, etc., shall not be 
 divested. 
 
 Personal Estate. 
 
 If the children, or some of them, should be 
 minors, the articles specified in Table I, para- 
 
16 LAW OF DESCENT. 
 
 graphs 1 to 5, both inclusive, must be set 
 apart for the minor children. The residue of 
 the personal estate, and, if there be no minor 
 children, the entire personal estate shall be dis- 
 tributed between the children and children of 
 deceased children, the children taking equally 
 per capita, the grandchildren taking equally 
 per stirpes. (Code Civ. Pro., sections 2713- 
 2732, subdivision 1.) 
 
 An advancement to a child must be brought 
 into hotch pot. (Lavrs of 1896, Chapter 547, 
 Article IX, sections 295-6.) Under Lavfs of 
 1899, Chapter 725, illegitimate children, whose 
 parents have or may intermarry, are entitled to 
 all the rights and privileges of legitimate chil- 
 dren, but prior estates, etc., shall not be 
 divested. 
 
 TABLE VIII. 
 
 If the intestate die leaving a father, 
 mother, brothers and sisters 
 
 Real Estate. 
 Descends to father in fee, except that which 
 may have come to the intestate on the part of 
 
LAW OF DESCENT. . 17 
 
 his mother. Last-mentioned real estate descends 
 to intestate's mother for her life, and the rever- 
 sion descends to brothers and sisters equally in 
 fee. (Laws of 1896, Chapter 547, Article IX, 
 section 284. See Matter of Hoffman, 37 Hun, 
 250; Miller v. McOomb, 20 Wend., 230; Tilton 
 V. Vail, 17 Civ. Pro. R., 194.) 
 
 Personal Estate. 
 Father takes personal estate, to exclusion of 
 mother, brothers and sisters. (Code Civ. Pro., 
 section 2732, subdivision 7.) 
 
 TABLE IX. 
 
 If the intestate die leaving a widow, 
 and mother, brothers and sisters 
 and children of a deceased sister. 
 
 Reax, Estate. 
 
 Descends to mother for life, and the reversion 
 in fee descends to brothers and sisters and chil- 
 dren of a deceased sister, the brothers and sis- 
 ters taking equally per capita, the children of 
 a deceased sister taking equally per stirpes, sub- 
 
18 LAW OF DESCENT. 
 
 ject to the widow's dower and other rights, as 
 in Table I. (Laws of 1896, Chapter 547, Article 
 IX, section 285. See Morris v. Ward, 36 N. Y., 
 587; Filton v. Vail, 17 Civ Pro. R., 194.) 
 
 Personal, Estate. 
 
 Articles specified in Table I, paragraphs 1 to 
 5, both inclusive, must be set apart for widow. 
 Half of residue to widow, and other half 
 between mother, brothers and sisters, and chil- 
 dren of a deceased sister, the mother, brothers 
 and sisters taking equally per capita, the chil- 
 dren of a deceased sister taking equally per 
 stirpes. (Code, sections 2713-2732, subdivis- 
 ion 6.) 
 
 TABLE X. 
 
 If the intestate die leaving a widow 
 and mother. 
 
 Real Estate. 
 
 Descends to mother in fee, subject to widow's 
 dower and other rights, as per Table I. (Laws 
 of 1896, Chapter 547, Article IX, section 285. 
 
LAW OF DESCENT. 19 
 
 See Miller v. Macomb, 26 Wend., 230; Wheeler 
 V. Clutterbrick, 52 N. Y., 67.) 
 
 Personal Estate. 
 
 The articles specified in Table I, paragraphs 
 
 1 to 5, both inclusive, must be set apart for 
 
 widow. Eesidue equally between mother and 
 
 widow. (Code, sections 2713-2732, subdivision 8.) 
 
 TABLE XI, 
 
 If the intestate die leaving an alien 
 mother, and no child or descendant 
 or widow, but leaving a legitimate 
 half-brother, intestate being him- 
 self illegitimate. 
 
 Ebajd Estate. 
 Escheats to the people. (St. John v. North- 
 rup, 23 Barb., 32.) People may release such 
 real estate to mother on terms. (Public Land 
 Laws 1894, Chapter 317, Article 4.) 
 
 Personal Estate. 
 
 To mother absolutely. (Code, section 2732, 
 subdivision 9.) 
 
20 LAW OF DESCENT. 
 
 TABLE XII. 
 
 If the intestate die leaving a brother 
 of intestate's father, intestate 
 being illegitimate. 
 
 Eeal and Personal Estate. 
 The real estate under Laws of 1896, Chapter 
 547, section 289, and the personal estate, under 
 the rules of the common law, escheat to the peo- 
 ple. The people may, under terms, release all 
 rights to any property so escheated. (Public 
 Land Laws, 1894, Chapter 317, Article 4.) 
 
 TABLE XIII. 
 
 If the intestate die leaving a grand- 
 father and paternal first cousins 
 and the grandchild of a deceased 
 maternal first cousin. 
 
 Real, Estate. 
 If the real estate came to the intestate on the 
 part of his father, it descends, to the paternal 
 first cousin. If it came to the intestate on the 
 
LAW OF DESCENT, i 21 
 
 part of his mother, it descends to the grand- 
 child of the deceased maternal first cousin. If 
 the real estate did not come to intestate on the 
 part of either his father or mother, it descends 
 to paternal first cousin, and grand child of de- 
 ceased maternal first cousin in equal shares. 
 (Laws 1896, Chapter 547, Article IX, section 
 288.) 
 
 Personal Estate. 
 
 Taken by grandfather. (Code, section 2732, 
 subdivision 4. Sweezy v. Willis, 1 Brad., 495; 
 Bogart V. Furman, 10 Paige, Ch., 496.) 
 
 TABLE XIV. 
 
 If the intestate die leaving a pater- 
 nal uncle, and maternal nephew 
 and great grandfather. 
 
 Real Estate. 
 
 If real estate came to intestate on the part 
 of his father, the same descends to the paternal 
 uncle. If it came to the intestate on the part of 
 his mother, it descends to the maternal 
 nephew. If it did not come to intestate on the 
 
22 LAW OP DESCENT. 
 
 part of either his father or mother, it descends 
 to paternal uncle and maternal nephew in equal 
 shares. (Laws of 1896, Chapter 547, Article IX, 
 section 288.) 
 
 Personal Estate. 
 Taken equally per capita by paternal nephew 
 and great grandfather. (Code of Civ. Pro., sec- 
 tion 2732, subdiTisions 5 and 10. Hunter v. 
 Proal, 3 Brad., 414; Fletcher v. Sevors, 30 St. R., 
 826.) 
 
 TABLE XV. 
 
 If the intestate die leaving a brother 
 and sister and grandchildren of a 
 deceased half-brother. 
 
 Real Estate. 
 If the real estate came to intestate through 
 one of his ancestors, and the grandchildren of 
 the deceased half-brother are not of the blood of 
 that ancestor, it descends equally between the 
 brother and sister, otherwise it descends to the 
 brother and sister and grandchildren of 
 deceased half brother, the brother and sister 
 taking equally per capita, the grandchildren of 
 
LAW OP DESCENT, i ' ■ 23 
 
 deceased half-brother taking equally per 
 stirpes. (Laws of 1896, Chapter 547, Article 
 IX, sections 287-296.) 
 
 Pbksonaij Estate. 
 
 The personal estate of an intestate dying 
 prior to September 1, 1898, must be distributed 
 equally between brother and sister, to the exclu- 
 sion of the grandchildren of a deceased half- 
 brother. (Matter of Suckley, 11 Hun, 344.) 
 
 As to the estates of intestates dying after 
 September 1, 1898, it is suggested that under 
 the provisions of the Code of Civil Procedure, 
 section 2732, subdivision 12, as amended by 
 Laws of 1898, Chapter 319, if the intestate 
 should leave real estate, and that such real 
 estate came to the intestate on the part of one 
 of his ancestors, and that the grandchildren of 
 a deceased half-brother are of the blood of that 
 ancestor, the intestate's personal estate will be 
 taken by the brother and sister, and the grand- 
 children of a deceased half-brother, the brother 
 and sister taking equally per capita, the grand- 
 children of a deceased half-brother taking 
 equally per stirpes, such grandchildren (who 
 would, prior to said September 1, 1898, have 
 been excluded from sharing in the personal es- 
 
24 LAW OF DESCENT. 
 
 tate) taking a share of the personal estate by 
 right of representation, inasmuch as they also 
 share in the real estate by right of representa- 
 tion. And if the intestate should not leave any 
 real estate, or should leave real estate 
 which should not have devolved upon him 
 in the manner aforesaid, it is further sug- 
 gested that, in the former case, the brother 
 and sister shall take the personal estate, to the 
 exclusion of the grandchildre'h of a deceased 
 half-brother, inasmuch as it cannot be deter- 
 mined with certainty if such grandchildren 
 would be entitled to inherit any real estate 
 which said intestate might have left, and, in the 
 latter case, that the brother and sister shall take 
 the personal estate equally per capita, in con- 
 junction with the persons who might, under 
 said sections and subdivision, as so amended, 
 be entitled to share in such personal estate by 
 right of representation, by reason of their being 
 entitled (if so entitled) to share in the real 
 estate by right of representing collaterals, to 
 the exclusion of the grandchildren of a 
 deceased half-brother. 
 
LAW OF DESCENT. 25 
 
 TABLE XVI. 
 
 If the intestate die leaving maternal 
 first cousins and the children of 
 deceased paternal first cousins. 
 
 Real Estate. 
 
 If the real estate came to intestate on the part 
 of his father, it descends to children of deceased 
 paternal first cousins equally per capita. If it 
 came to intestate on the part of his mother, it 
 descends to the maternal first cousins equally 
 per capita. If it did not come on the part of 
 either father or mother, it descends to the 
 maternal first cousins, and the children of 
 deceased paternal first cousins, the maternal 
 first cousins taking equally per capita, the chil- 
 dren of deceased paternal first cousins taking 
 equally per stirpes. (Laws of 1896, Chapter 547, 
 Article IX, section 288.) 
 
 PEKSONAii Estate. 
 
 The personal estate of an intestate dying 
 prior to September 1, 1898, is divided equally, 
 per capita, between the maternal first cousins, 
 to the exclusion of the children of deceased 
 
26 LAW OF DESCENT. 
 
 paternal first cousins. (Adee v. Campbell, 79 
 N. Y., 52.) 
 
 As to the personal estate of an intestate 
 dying subsequently to September 1, 1898, it is 
 suggested that under the provisions of the Code 
 of Civil Procedure, section 2732, subdivision 12, 
 as amended by Laws of 1898, Chapter 319, if 
 intestate left real estate, and if same came to 
 him on the part of his father, or if it did not 
 come to him on the part of either his father or 
 mother, the personal estate is to be distributed 
 among the maternal first cousins, and the chil- 
 dren of deceased paternal first cousins, the 
 maternal first cousins taking equally per capita, 
 the children of deceased paternal first cousins 
 taking equally per stirpes, by right of represen- 
 tation, in the same manner as they take the 
 real estate by right of representation, and 
 it is further suggested that if intestate 
 left no real estate, or if he left real es- 
 tate which came to him on the part of his 
 mother, the persojial estate, in the former case, 
 is to be distributed equally, per capita, among 
 the maternal first cousins, to the exclusion of 
 the children of deceased paternal first cousins, 
 inasmuch as it could not be predicated with 
 certainty that the latter would inherit any real 
 estate by right of representation that intestate 
 
LAW OF DESCENT. 27 
 
 might have left, and in the latter case, the per- 
 sonal estate is to be distributed equally, per 
 capita, amongst the children of deceased 
 maternal first cousins, in conjunction with the 
 persons who might, under said section and sub- 
 division, as so amended, be entitled to share in 
 such personal estate by right of representation, 
 by reason of their being entitled (if so entitled) 
 to share in the real estate by right of represent- 
 ing collaterals, to the exclusion of the children 
 of deceased paternal first cousins. 
 
 TABLE XVII. 
 
 If the intestate die leaving a pater- 
 nal uncle and maternal aunt, the 
 children of a deceased paternal 
 uncle, and grandchildren of a de- 
 ceased maternal uncle (being the 
 children of three deceased chil- 
 dren of such deceased maternal 
 uncle.) 
 
 Real Estate. 
 If the estate did not come to intestate on the 
 part of either his father or his mother, the pater- 
 
28 LAW OF DESCENT. 
 
 nal uncle and maternal aunt, children of a de- 
 ceased paternal uncle, and grandchildren of a 
 deceased maternal uncle, inherit the real es- 
 tate, the paternal uncle and maternal aunt 
 taking equally per capita; the children of a 
 paternal uncle taking equally per stirpes, the 
 share their deceased parent would have taken 
 if living, and the grandchildren of a deceased 
 maternal uncle taking in equal portions, the 
 share their deceased grandparent would have 
 taken if living. (Laws of 1896.) 
 
 If the real estate came to intestate on the part 
 of his father only, the paternal uncle and chil- 
 dren of a deceased paternal uncle inherit the 
 same, the paternal uncle taking equally per 
 capita, the children of a deceased paternal 
 uncle taking equally per stirpes, the share their 
 deceased parent would have taken if living, to 
 the exclusion of the maternal aunt and grand- 
 children of a deceased maternal uncle. (Laws 
 of 1896. Valentine v. Wetherill, 31 Barb., 655; 
 Leavy v. Leavy, 50 How. Pr., 122.) 
 
 If the real estate came to intestate on the 
 part of his mother only, the maternal aunt and 
 grandchildren of a deceased maternal uncle 
 inherit the same, the maternal aunt taking 
 equally per capita, the grandchildren of a de- 
 
LAW OF DESCENT. 29 
 
 ceased maternal uncle taking equally by right 
 of representation the share their grandparent 
 would have taken if living. 
 
 Personal Estate. 
 
 If the intestate died prior to September 1, 
 1898, the personal estate is taken equally by the 
 paternal uncle and aunt to the exclusion of the 
 children of a deceased paternal uncle, and 
 grandchildren of a deceased maternal uncle. 
 
 If the intestate died subsequently to Septem- 
 ber 1, 1898, and if he left real estate which did 
 not come to him on the part of either his father 
 or his mother, it is suggested that, under sub- 
 division 2732 of Code Civil Procedure and also 
 under subdivision 12 thereof, as amended by 
 Laws of 1898, Chapter 319, the personal estate 
 should be distributed amongst the paternal 
 uncle and maternal aunt, and the children of a 
 deceased paternal uncle, and grandchildren of 
 a deceased maternal uncle, the uncle and aunt 
 taking in equal shares per capita. The chil- 
 dren of a deceased paternal uncle, and the 
 grandchildren of a deceased maternal uncle, 
 taking in equal shares by right of representa- 
 tion the share their respective parent and 
 grandparent would have taken, if living. 
 
30 LAW OF DESCENT. 
 
 If the intestate, dying subsequently to Sep- 
 tember 1, 1898, left real estate which came to 
 him on the part of his father, it is suggested 
 that under said subdivision of Code Civil Pro- 
 cedure, section 2732, and subdivision 12 thereof, 
 as so amended, the personal estate is to be dis- 
 tributed amongst the uncle and aunt, and the 
 children of a deceased paternal uncle, the uncle 
 and aunt taking equally per capita as being 
 next of kin in equal degree, and the children of 
 a deceased paternal uncle taking by right of 
 representation the share their deceased parent 
 would have taken if living, in the same manner 
 as they take by right of representation the 
 share of the real estate their parent would have 
 been entitled to, if living. 
 
 If the intestate died subsequently to Septem- 
 ber 1, 1898, and left real estdte which only came 
 to him on the part of his mother, it is suggested 
 that under said subdivision of the Code Civil 
 Procedure and subdivision 12 thereof, as so 
 amended, the personal estate is to be distrib- 
 uted equally per capita amongst the uncle and 
 aunt, and the grandchildren of a deceased 
 maternal uncle, the uncle and aunt taking 
 equally per capita as being next of kin in equal 
 degree, the grandchildren of a deceased mater- 
 
LAW OF DESCENT. 31 
 
 nal uncle taking in equal portions by right of 
 representation, the share their grandparent 
 would have taken if living, in the same manner 
 as they take the real estate he would take if 
 living. 
 
 If the intestate died subsequently to Septem- 
 ber 1, 1898, and left no real estate, it is sug- 
 gested that under Code Civil Procedure, section 
 2732, subdivision 5 and subdivision 12, as so 
 amended as aforesaid, the personal estate must 
 be divided equally between the uncle and aunt, 
 as being next of kin in equal degree, to the ex- 
 clusion of the others, as it could not be predi- 
 cated with certainty what shares of the real 
 estate (if the intestate left any) the latter 
 might inherit. 
 
32 LAW OF DESCENT. 
 
 TABLE XVIII. 
 
 If four intestates, A, B, and D, 
 should die, A leaving real estate, 
 which did not come to him on the 
 part of either his father or his 
 mother, and also leaving personal 
 estate — B leaving real estate 
 which came to him on the part of 
 his father, and also' leaving per- 
 sonal estate — C leaving real es- 
 tate which came to him on the 
 part of his mother, and also leav- 
 ing personal estate, and D leaving 
 no real estate, but leaving per- 
 sonal estate — and each leaving 
 respectively a maternal and pater- 
 nal aunt, the children of a de- 
 ceased maternal uncle, the grand- 
 children of a deceased^ paternal 
 uncle, the grandchildren of a de- 
 ceased maternal uncle, and the 
 great grandchildren of a deceased 
 paternal uncle. 
 
 Real Estate. 
 A's real estate descends to the maternal and 
 paternal aunt, the children of a deceased mater- 
 
LAW OF DESCENT. 33 
 
 nal uncle, the grandchildren of a deceased 
 paternal uncle, the grandchildren of a deceased 
 maternal uncle, and the great grandchildren of 
 a deceased paternal uncle, the maternal and 
 paternal aunt taking each a one-sixth share per 
 capita, the children of a deceased maternal 
 uncle, taking in equal shares by right of repre- 
 sentation, the one-sixth share their parent 
 would take if living, the grandchildren of a 
 deceased paternal uncle taking in equal shares 
 by right of representation, the one-sixth share 
 their grandparent would have taken if living, 
 and the great grandchildren of a deceased 
 paternal uncle taking in equal shares by right 
 of representation the one-sixth share their 
 grandparent would have taken if living. 
 
 B's real estate descends to the paternal aunt, 
 the grandchildren of a deceased paternal uncle, 
 and the great grandchildren of a deceased 
 paternal uncle, the paternal aunt taking a one- 
 third share per capita, the grandchildren of a 
 deceased paternal uncle taking in equal por- 
 tions by right of representation, the one-third 
 share their grandparent would have taken if 
 living, and the great grandchildren of a de- 
 ceased paternal uncle taking in equal portions 
 by right of representation the one-third share 
 3 
 
34 LAW OF DESCENT. 
 
 their great grandparent would have taken if 
 living. 
 
 C's real estate descends to the maternal aunt, 
 the children of a deceased maternal uncle, and 
 the grandchildren of a deceased maternal uncle, 
 the maternal aunt taking one-third thereof per 
 capita, the children of a deceased maternal 
 uncle taking in equal portions by right of rep- 
 resentation, the one-third share their parent 
 would have taken if living, and the grandchil- 
 dren of a deceased maternal uncle (whether they 
 be children of one or more children of such de- 
 ceased maternal uncle) taking in equal shares 
 the one-third share their parent would have 
 taken if living. 
 
 Personal Estate. 
 
 If A should have died prior to September 1, 
 1898, his personal estate is distributed equally 
 between the maternal and paternal aunt, under 
 subdivision 5 of section 2732 of Code of Civil 
 Procedure, as being next of kin in equal degree. 
 (Matter of Suckley, 11 Hun, 344.) 
 
 If A should have died subsequently to Sep- 
 tember 1, 1898, it is suggested that under the 
 Code of Civil Procedure, section 2732, subdivi- 
 sion 5, and subdivision 12 thereof, as amended 
 
LAW OF DESCENT. 35 
 
 by Laws of 1898, Chapter 319, his personal es- 
 tate must be distributed amongst the maternal 
 and paternal aunt, the children of a deceased 
 maternal uncle, the grandchildren of a deceased 
 paternal uncle, the grandchildren of a deceased 
 maternal uncle, and the great grandchildren of 
 a deceased paternal uncle, the maternal and 
 paternal aunt taking each a one-sixth share as 
 being next of kin in equal degree under said 
 subdivision 5, the children of a deceased mater- 
 nal uncle taking in equal portions by right of 
 representation the one-sixth share their parent 
 would have taken if living, under said subdivi- 
 sion 12, as so amended as aforesaid, in the same 
 manner as they take the one-sixth share of the 
 real estate their parent, if living, would have 
 taken, the grandchildren of a deceased paternal 
 uncle taking in equal portions (whether they be 
 the children of one, or more than one, child of 
 such grandparent) the one-sixth share their 
 grandparent would have taken if living, under 
 said subdivision 12, as so amended as afore- 
 said, in the same manner as they take the one- 
 sixth share of the real estate their grandparent 
 would have taken if living — the grandchildren 
 of a deceased maternal uncle taking in equal 
 portions (whether they be the children of one, 
 
36 LAW OF DESCENT. 
 
 or more than one, child of such grandparent) by 
 right of representation the one-sixth share their 
 grandparent would have taken if living, under 
 said subdivision 12, as so amended as aforesaid, 
 in the same manner as they take the one-sixth 
 share of the real estate their grandparent would 
 have taken if living — the great grandchildren 
 of a deceased paternal uncle taking in equal por- 
 tions (whether they be descended from one or 
 more children of such great grandparent) by 
 right of representation the one-sixth share their 
 great grandparent would have taken, if living, 
 under said subdivision 12, as so amended as 
 aforesaid, in the same manner as they take the 
 one-sixth share of the real estate their grand- 
 parent would have taken, if living. 
 
 If B should have died prior to September 1, 
 1898, his personal estate is distributed equally 
 between the maternal and paternal aunt, under 
 subdivision 5 of section 2732 of Code of Civil 
 Procedure, as being next of kin in equal degree. 
 (Matter of Suckley, 11 Hun, 344.) 
 
 If B should have died subsequently to Sep- 
 tember 1, 1898, his personal estate is distrib- 
 uted equally between the maternal and paternal 
 aunt, the grandchildren of a deceased paternal 
 uncle, and the great grandchildren of a deceased 
 
LAW OF DESCENT. , 37 
 
 paternal uncle, the maternal and paternal 
 aunt each taking a one-fourth share per capita, 
 under subdivision 5 of section 2732, Code Civil 
 Procedure, as being next of kin in equal degree 
 — the grandchildren of a deceased paternal 
 uncle taking in equal portions by right of repre- 
 sentation (vfhether they be the children of one, 
 or more than one child of such grandparent) the 
 one-fourth share their parent would have taken 
 if living, under said subdivision 12, as so' 
 amended, in the same manner as they take in 
 equal portions by right of representation his 
 one-third share of the real estate — and the 
 great grandchildren of a deceased paternal 
 uncle taking in equal portions by right of rep- 
 resentation (whether they be descendants of one 
 or more than one child of such great grand- 
 parent) by right of representation under said 
 subdivision 12, as so amended as aforesaid, the 
 one-fourth share their great grandparent would 
 have taken, if living. 
 
 If C should have died prior to September 1, 
 1898, his personal estate is distributed equally, 
 between the maternal and paternal aunt, under 
 subdivision 5 of section 2732 of Code Civil Pro- 
 cedure, as being next of kin in equal degree. 
 (Matter of Suckley, 11 Hun, 344.) 
 
38 Law of descent. 
 
 If C should have died subsequently to Sep- 
 tember 1, 1898, his personal estate is distrib- 
 uted equally between the maternal and paternal 
 aunt, the children of a deceased maternal uncle 
 and the grandchildren of a deceased maternal 
 uncle, the maternal and paternal aunt each tak- 
 ing an equal one-fourth share per capita, under 
 said subdivision 5 of Code Civil Procedure, as 
 being next of kin in equal degree — the children 
 of a deceased maternal uncle taking in equal 
 shares by right of representation, under said 
 subdivision 12, as so amended, the one-fourth 
 share their parent would have taken, if living, 
 in the same manner as they take the one-third 
 share of the real estate their parent would have 
 taken if living — and the grandchildren of a 
 deceased maternal uncle taking in equal por- 
 tions, under said subdivision 12, as so amended 
 as aforesaid (whether they be children of one 
 or more children of such maternal uncle) by 
 right of representation, the share their grand- 
 parent would have taken if living, in the same 
 manner as they take the one-third share of the 
 real estate by right of representation as 
 aforesaid. 
 
 If D should have died prior to September 1, 
 1898, his personal estate is distributed equally 
 
LAtV OF DESCENT. : 39 
 
 between the maternal and paternal uncle per 
 capita, as being next of kin in equal degree 
 under said subdivision 5 of the Code of Civil 
 Procedure. (Matter of Suckley, 11 Hun, 344.) 
 
 If D should have died subsequently to Sep- 
 tember 1, 1898, it is suggested that, as he did 
 not die seized of any real estate, and as it could 
 not be predicated with certainty that if he had 
 been seized of real estate it might have come 
 to him neither on the part of his father or his 
 mother, or have come to him on the part of his 
 father, or have come to him on the part of his 
 mother, his personal estate must be divided 
 equally between the maternal and paternal 
 aunt in equal shares per capita, as being his 
 next of kin in equal degree under said subdivi- 
 sion 5 of section 2732 of the Code Civil Proced- 
 ure, to the exclusion of the children and other 
 descendants of deceased paternal and maternal 
 uncles. 
 
 If it should be subsequently discovered that 
 D died seized of real estate which might have 
 come to him on the part of his father or his 
 mother, or on the part of neither his father or 
 his mother, it is suggested that the maternal 
 and paternal aunt would be bound to recoup 
 to the children and other descendants of the 
 
40 LAW OF DESCENT. 
 
 paternal and maternal uncle, the respective 
 shares of the 'personal estate they would be re- 
 spectively entitled to under said subdivision 12, 
 as so amended as aforesaid, by reason of their 
 being entitled to a share of such real estate by 
 right of representation as aforesaid. 
 
LAW OF DESCENT. 
 TABLE XIX. 
 
 41 
 
 If intestate (whose paternal uncle 
 was [1] the person last actually 
 seized of the real estate, and [2] 
 was of the blood of the first pur- 
 chaser, whoi was a female) shall 
 die leaving a widow and three 
 children, and that the only lineal 
 relations of the paternal uncle liv- 
 ing at the death of such intes- 
 tate are his father and maternal 
 grandmother, and the only collat- 
 eral relations of the paternal uncle 
 living at the death of such intes- 
 tate are his great-great paternal 
 uncle and two great-great mater- 
 nal aunts, one of the whole and 
 one of the half blood, and the chil- 
 dren of a deceased maternal great- 
 great-aunt, and the grandchildren 
 of a deceased paternal great-great- 
 uncle, all being of the blood of the 
 first purchaser. 
 
 Real Estate. 
 Inasmuch as under the first common law rule 
 of descent, viz., that " Inheritances shall lin- 
 
42 LAtV OF DMSCENT. 
 
 eally descend to the issue of the person who 
 last died actually seized in infinitum, but shall 
 never lineally ascend," the children of the in- 
 testate are not entitled to succeed to his real 
 estate, nor is his widow entitled to any dower 
 right therein, neither is the father or paternal 
 grandmother of the paternal uncle entitled to 
 succeed to the real estate. 
 
 Under the fifth common law rule of descent 
 of real estate, viz., that " on failure of lineal de- 
 scendants, or issue of the person last seized, the 
 inheritance shall descend to his collateral rela- 
 tions being of the blood of the first purchaser, 
 subject to the second, third and fourth common 
 law rules of the descent of real estate, which 
 are as follows: 
 
 Eule II. The male issue shall be admitted 
 before the female. 
 
 Rule III. Where there are two or more 
 males, in equal degree, the eldest only shall in- 
 herit; but the females all together. 
 
 Rule IV. The lineal descendants in infini- 
 tum, of any person deceased shall represent 
 their ancestor; that is, shall stand in the same 
 place, as the person himself would have done 
 had he been living. 
 
lAtV OF DnsCUNT. 43 
 
 And under the seventh common law rule of 
 descent, providing that in inheritances the male 
 stocks shall be preferred to the female unless in 
 fact the lands descended from a female, the 
 great-great maternal aunt of the vrhole blood is 
 entitled to succeed to the real estate to the ex- 
 clusion of all the others. 
 
 Pbrsonax, Estate. 
 
 One-third of the intestate's personal estate 
 shall go to his widow, and two-thirds to his 
 three children, to the exclusion of the great- 
 great maternal aunt who takes the real estate 
 as heiress-at-law of the paternal uncle of intes- 
 tate, and not as heiress-at-law of intestate. 
 
44 LAW OF DESCENT. 
 
 TABLE XX. 
 
 If the intestate (whose paternal 
 grandmother was [1] the j^erson 
 last actually seized of the real es- 
 tate, and [2] was of the blood of 
 the first purchaser, who was a 
 male) should die leaving his 
 father and brother his only heirs- 
 at-law, and that the intestate's 
 grandmother left no lineal rela- 
 tions, but left a female third 
 cousin, and the grandchildren of a 
 deceased male third cousin. 
 
 REAii Estate. 
 
 Under Laws of 1896 the real estate descends 
 according to course of the common law. 
 
 Inasmuch as the paternal grandmother of the 
 intestate was the person last actually seized, 
 her heirs would ordinarily inherit the real es- 
 tate to the exclusion of the heirs of the intes- 
 tate, but as in this case the heir of the intestate 
 (viz., his father, under Laws of 1896) is also the 
 heir of the paternal grandmother, being her only 
 
LAW OF DESCENT. 45 
 
 living son, the father of the intestate takes the 
 real estate as such heir of his mother to the 
 exclusion of the female third cousin and the 
 grandchildren of a deceased male third cousin. 
 
 Personal Estate. 
 Is taken by the father of the intestate under 
 Code of Civil Procedure, section 2732, subdivi- 
 sion 7. 
 
 TABLE XXI, 
 
 If intestate, whose paternal great 
 uncle was the person last seized of 
 the real estate, should die leaving 
 a paternal second cousin, the 
 heirs-at-law of the paternal great 
 uncle being his grandson (such 
 grandson being alsO' a second 
 cousin of the intestate). 
 
 Real Estate. 
 
 Descends under Laws of 1896 according to 
 the course of the common law. 
 
 As the paternal great uncle was the person 
 last seized, his heirs under the first common law 
 
46 LAW OF DESCENT, i 
 
 rule of descent inherit the real estate to the 
 exclusion of the intestate's heirs. The heir of 
 the paternal great uncle is, under the first com- 
 mon law rule of descent, his grandson, and he 
 therefore inherits the real estate. 
 
 Personal Estate. 
 
 If the intestate died prior to the 1st of Sep- 
 tember, 1898, the personal estate is taken by 
 the intestate's paternal second cousin and also 
 by the grandson of his paternal great uncle 
 (also a second cousin to the intestate) as being 
 his next of kin in equal degree. (Code Civ. Pro., 
 section 2732, subdivisions 5 and 10.) 
 
 If the intestate should die subsequently to 
 the 1st of September, 1898, inasmuch as the 
 grandson of the paternal great uncle takes the 
 real estate by right of representing his grand- 
 father, he is also entitled to take by right of 
 representation (under Code Civil Procedure, 
 section 2732, subdivision 12, as amended in 
 1898), the share of the personal estate his grand- 
 father would have taken if living, and as the 
 latter being a great uncle of intestate would, if 
 living, be nearer of kin than the intestate's 
 paternal second cousin, his grandson takes the 
 personal estate to the exclusion of the paternal 
 second cousin. 
 
LAW OP DESCENT. 
 
 47 
 
 TABLE XXII. 
 
 If intestate (being the person 
 last seized of the real estate, and 
 being of the blood of the first pur- 
 chaser, who was a male) shall die, 
 leaving grandchildren of deceased 
 paternal and maternal great 
 uncles and great aunts, and chil- 
 dren of other deceased grand- 
 children of paternal and maternal 
 great uncles and great aunts 
 (one of such children of other 
 deceased grandchildren of pater- 
 nal great uncles being the eldest 
 son of the eldest son of the eldest 
 son of the eldest paternal male 
 great uncle), and grandchildren 
 of deceased great great uncles and 
 great great aunts and children of 
 other deceased grandchildren of 
 great great uncles and great great 
 aunts. 
 
 Real, Estate. 
 Descends to the eldest son of the eldest son of 
 the eldest son of the eldest male paternal great 
 uncle, to the exclusion of all the other relatives. 
 
48 LAW OF DESCENT. 
 
 (Laws of 1896, Chapter 547, Article IX, section 
 291. 2 Blackstone's Com., pp. 208-234.) 
 
 Personal Estate. 
 
 The personal estate of such an intestate who 
 should die prior to September 1, 1898, is to be 
 distributed equally between the grandchildren 
 of deceased paternal and maternal great uncles 
 and great aunts equally per capita, as being the 
 next of kin of equal degree, to the exclusion of 
 the others. (Code of Civ. Pro., section 2732, 
 subdivision 5.) 
 
 If the intestate should die subsequently to 
 September 1, 1898, it is suggested that, under 
 the provisions of subdivision 12 of section 2732 
 of Code Civil Procedure, as amended in 1898, by 
 Laws of 1898, Chapter 319, and of subdivision 
 5 of same section, the personal estate must be 
 divided between the grandchildren of deceased 
 paternal and maternal great uncles and great 
 aunts, and the said eldest descendant of the eld- 
 est paternal great uncle (who would inherit 
 such real estate as aforesaid), the grandchil- 
 dren of deceased paternal and maternal great 
 uncles and great aunts, taking equally per 
 capita, the eldest descendant of the eldest 
 paternal great uncle taking equally per 
 
LAW OF DESCENT. 49 
 
 stirpes — tlie grandchildren of deceased pater- 
 nal and maternal great uncles and great aunts 
 being all of equal degree of kindred to intestate 
 (subdivision 5 of section 2732 of Code Civ. Pro.), 
 and the eldest descendant of the eldest paternal 
 great uncle taking by right of representation, 
 inasmuch as he inherits the real estate in a 
 similar capacity (subdivision 12 of section 2732, 
 Code Civ. Pro., as amended in 1898), and if such 
 intestate, so dying after September 1, 1898, 
 should not leave any real estate, it is appre- 
 hended that his personal estate must be divided 
 equally per capita between the grandchildren 
 of deceased paternal and maternal great uncles 
 and great aunts under subdivision 5 of section 
 2732 of Code Civil Procedure, as being the next 
 of kin in equal degree, and that the children 
 of other deceased grandchildren of paternal 
 and maternal great uncles and great aunts, and 
 grandchildren and children of deceased grand- 
 children of great great uncles and great great 
 aunts cannot take any share of the personal 
 estate under subdivision 12 of the Code of Civil 
 Procedure, as amended in 1898, inasmuch as 
 there being no real estate, it could not be predi- 
 cated with certainty which, if any, of them 
 might inherit any real estate by right of repre- 
 
 4: 
 
50 LAW OF DESCENT. 
 
 sentation, which the intestate might have left, 
 and if the intestate should have left real estate 
 which should not have devolved as aforesaid, 
 the personal estate will be distributed equally 
 per capita between the said next of kin of equal 
 degree in conjunction with the persons who 
 might, under said section and subdivision, as so 
 amended, be entitled to share in such personal 
 estate by right of representation, by reason of 
 their being entitled (if so entitled) to share in 
 the real estate by right of representing 
 collaterals. 
 
 TABLE XXIII. 
 
 If the intestate die leaving a pater- 
 nal uncle and great-grandfather. 
 
 Real Estate. 
 
 Descends to paternal uncle. (Laws of 1896, 
 Chapter, 547, Article IX, section 288.) 
 
 Personax, Estate. 
 Is divided equally per capita between pater- 
 nal uncle and great-grandfather. (Code Civ. 
 Pro., section 2732, subdivision 5. See Hallet 
 V. Haire, 5 Paige, 316.) 
 
LAW OF DESCENT. 51 
 
 TABLE XXIV. 
 
 If the intestate die leaving paternal 
 and maternal grandparents only. 
 
 Rbal Estate. 
 
 Escheats to the people. The first of the com- 
 mon-law rules of descent provides that inherit- 
 ances shall never lineally ascend, and this rule 
 has been abrogated by Laws of 1896, Chapter 
 547, to the extent of parents only. (2 Black- 
 stone's Com., p. 208; Laws 1896, Chapter 547, 
 Article IX, section 291.) 
 
 PERSONAii Estate. 
 
 Equally per capita between paternal and 
 maternal grandparents. (Code Civ. Pro., sec- 
 tion 2732, subdivision 5.) 
 
52 LAW OF DESCENT. 
 
 TABLE XXV. 
 
 If the intestate be a female and die, 
 leaving an illegitimate child and 
 no lawful issue. 
 
 EEAii Estate. 
 
 Descends to such child. (Laws of 1896, Chap- 
 ter 547, Article IX, section 289. Ferris v. Pub- 
 lic Admr., 3 Brad., 249.) 
 
 PERsoNAii Estate. 
 Is taken by such child. (Code Civ. Pro., sec- 
 tion 2732, section 15. Ferris v. Public Admr., 
 3 Brad., 249.) 
 
 TABLE XXVI. 
 
 If the intestate die leaving a husband 
 and children. 
 
 Real Estate. 
 Descends to children equally, subject to hus- 
 band's curtesy, if any. (Laws of 1896, Chapter 
 547, Article IX, sections 281, 282-293.) Hus- 
 band takes curtesy (or a life estate) in real es- 
 
LAiV OF DESCENT. 53 
 
 tate of wMcli intestate died actilally seized, and 
 which is undisposed of by deed or will, provided 
 that there was issue born alive of the marriage 
 capable of inheriting any such real estate. 
 (Arrowsmith v. Arrowsmith, 8 Hun, 606; Kirk 
 V. Eichardsoh, 32 Hun, 434; Gibbs v. Esty, 22 
 Hun, 266; Marcellis v. Thalhimer, 2 Paige, 35.) 
 An advancement to a child must be brought into 
 hotch pot. (Laws 1896, Chapter 547, Article 
 IX, sections 295-6.) Under Laws of 1899, Chap- 
 ter 725, illegitimate children, whose parents 
 have or may intermarry, are entitled to all the 
 rights and privileges of legitimate children, but 
 prior estates, etc., shall not be divested. 
 
 Personal Estate. 
 
 If the children, or some of them, be minors, 
 the articles specified in section 2713 of Code Civ. 
 Pro. must be set apart for the husband and 
 minor children in the same manner as in the 
 case of a widow and minor children. (See 
 Table I.) If there be no minor child, the arti- 
 cles specified in said section 2713, as per Table 
 Ij must be set apart for the husband, and one- 
 third of the residue of the personal estate to hus- 
 band and two-thirds to children equally. (Code 
 Civ. Pro., sections 2713-2732.) 
 
54 LAU^ OF DESCENT, i 
 
 An advancement to a child must be brought 
 into hotch pot. (Laws 1896, Chapter 547, Ar- 
 ticle IX, sections 295-6.) Under Laws of 1899, 
 Chapter 725,,illegitimate children, whose parents 
 have or may intermarry, are entitled to all the 
 rights and privileges of legitimate children, but 
 prior estates, etc., shall not be divested. 
 
 TABLE XXVII. 
 
 If the intestate die leaving a husband 
 and nephew. 
 
 Beax, Estate. 
 
 Descends to nephew, subject to husband's 
 curtesy, if any. (Laws of 1896, Chapter 547, 
 Article IX, section 287.) Husband takes curt- 
 esy as specified in Table XXVI. 
 
 Personal Estate. 
 The articles specified in Code, section 2713, 
 must be set apart for husband in the same man- 
 ner as for a widow, as per Table I. Husband 
 takes residue of estate at common law and not 
 under statutory enactment, subject, however, 
 to the payment of his wife's debts. (Bobins v. 
 
LA W OF DESCENT. 55 
 
 McOlure, 100 N. Y., 328; Barnes v. Underwood, 
 47 N. Y., 351; Matter of Nones, 27 Misc. Eep., 
 165.) 
 
 TABLE XXVIII. 
 
 If the intestate die leaving a husband 
 and no children or descendants sur- 
 viving. 
 
 Eeal Estate. 
 
 If children were born of the marriage although 
 not living at the death of the intestate husband 
 as tenant by the courtesy has the use of the real 
 estate for life. 
 
 If no children have been born of the marriage 
 the real estate descends to the heirs at law upon 
 her death. 
 
 Personal Estate. 
 
 The husband takes the entire personal estate at 
 common law and not under statutory enactment, 
 subject, however, to the payment of his wife's 
 debts. He is not bound to administer, but if he 
 does not he is personally liable for the debts of 
 his wife. Barnes v. Underwood, 47 N. Y. 351; 
 Eobins v. McOlure, 100 N. Y. 328. 
 
 Post Testamentary Child. 
 A post testamentary child of a testator not 
 provided for, takes the same share of testator's 
 
56 LA W OF DESCENT. 
 
 real and personal estate as if such testator had 
 died intestate. (2 Eev. Stat., 65, section 49; 
 Smith V. Robertson, 89 N. Y., 555.) 
 
 Posthumous Relatives. 
 
 Posthumous relatives take the same share they 
 would have taken if born in deceased lifetime. 
 (Laws of 1896, Chapter 547, Article IX, section 
 292. See, also, cases last cited.) 
 
 ALIENS. 
 
 Aliens at common law could not acquire real 
 estate by descent, but the disability has been 
 largely removed by statute. (See Laws 18T5, 
 Chapter 38, amending Laws 1845, Chapter 115, 
 section 4; Laws 1893, Chapter 207, and finally 
 by Chapter 693, Laws 1897.) Any citizen of a 
 State or nation which by its laws confers simOar 
 privileges on citizens of the United States,. may 
 take, acquire, hold and convey lands or real es- 
 tate within this State, in the same manner and 
 with like effect as if such person were, at the 
 time, a citizen of the United States. 
 
 A female citizen who marries an alien, and the 
 foreign-born children of such marriage are not 
 precluded from inheriting real estate, provided 
 such real estate was derived from or through a 
 citizen of the United States. (Laws of 1897, 
 Chapter 756.) 
 
INDEX. 
 
 PAQE 
 
 Where intestate leaves 
 Widow and child, or children or an adopted child or children. 5 
 Widow, children, grand-children of deceased children or 
 adopted children and the children of other deceased 
 
 children ' 9 
 
 Widow and grand-children ii 
 
 Widow, and no descendant, parent, brother, sister, nephew, 
 or niece, but leaving grand-nephews and grand-nieces and 
 descendants of deceased grand-nephews and grand-nieces. . 12 
 Widow, brother and sister, nephew and niece (children of a 
 
 deceased brother) 13 
 
 Widow and father 14 
 
 Children and children of deceased children 15 
 
 Father, mother, brothers and sisters 16 
 
 Widow and mother, brothers and sisters and children of the 
 
 deceased sister 17 
 
 Widow and mother 18 
 
 Alien mother, and no child or descendant or widow, but leav- 
 ing a legitimate half-brother, intestate being himself illegiti- 
 mate 19 
 
 Brother of intestate's father, intestate being illegitimate 20 
 
 Grandfather and parental first cousins and the grand-child of 
 
 the deceased maternal first cousin 20 
 
 Parental uncle and maternal nephew and great grand-father. 21 
 Brother and sister and grand-children of a deceased half- 
 brother 22 
 
 Maternal first cousins and children of deceased parental first 
 
 cousins ^ 2S 
 
 Parental uncle and maternal aunt, the children of the deceased 
 parental uncle and grand-children of the deceased maternal 
 uncle (being the children of three deceased children of such 
 
 deceased maternal uncle 27 
 
 Peculiar estate where four intestates die receiving estates from 
 
 different sources, etc 32 
 
 Widow and three children; only lineal relations of paternal 
 uncle through whom estate came, being his father and 
 grandmother, etc 41 
 
INDEX 
 
 PAOE 
 
 Father and brother, where estate came through paternal 
 grand-mother of intestate who' left a female third cousin 
 
 and grand-children of deceased cousin 44 
 
 Paternal second cousin, where estate came from paternal great 
 Uncle whose heir was his grandson, a second cousin of 
 
 intestate 43 
 
 Grandchildren of deceased great uncles on both sides and 
 
 other relatives 47 
 
 Paternal uncle and great grand-father So 
 
 Parternal and maternal grand-parents only 51 
 
 Where intestate a female leaves illegitimate child only. ..... 52 
 
 Husband and children 52 
 
 Husband and nephew, 54 
 
 Post testamentary child SS 
 
 Posthumous relatives 55 
 
 When aliens may take 55 
 
NOW READY 
 
 Revised Edition, lith all Amendments and Annotations to Date. 
 
 ISQQ. 
 
 Silvernairs Annotated Codes. 
 
 NEW ANNOTATED PENAL CODE 
 
 AND 
 
 CODE OF CRIMINAL PROCEDURE 
 
 OF THE 
 
 STATE OF NEW YORK. 
 
 By V/. H. SILVERNAIL. 
 
 These Codes present the Code text complete as amended to 
 date, and possess, in addition to the merits of tlie best annotated 
 T^'-nal and Criminal Codes, the following distinguishing features: 
 
 The date and substance of each amendment, and its effect upon 
 
 prior decisions, are shown. 
 
 All the adjudicated cases under the Codes, and also the prior 
 .cisions, which are still applicable, are annotated and arranged 
 
 /under the appropriate sections. The notes are brought down to 
 date of issue, and the principles concisely, yet clearly, stated. 
 
 The annotations are strictly confined to the decisions of this 
 state. They are carefully arranged under numerous, definite head- 
 ings or catch words. ^ 
 
 The cases are criticized and distinguished, and, when seem- 
 ingly conflicting, reconciled as far as possible. Their trend and 
 value as authorities are indicated. 
 
 All Code citations are fully given and, whenever erroneous, are 
 corrected. All affirmed and reversed cases are noted. 
 
 ' The re-enactment of former statutes in the sections are pointed 
 out, and the object and extent of each section^s far as possible, 
 defined. ^mk 
 
 All matter that has become obsolete by the ^actment of the 
 Codes, or by the subsequent amendments, is referred to and dis- 
 carded. 
 
 The section headings are corrected, and made to correspond 
 with the amendments to the sections. 
 
 Cross-references are made to similar provisions in the various 
 sections of the Penal, Criminal and Civil Codes. % 
 
 All reports in which the annotated case is found, arllnoted. 
 
 Each Code contains a precise and copious index!) and the 
 Criminal Code includes over 400 appropriate and accurate forms. 
 , A PRACTICAL AND USEFUL BOOK FOR JUSTICES, ETC. 
 
 FTixa:B2^ $5.00_ 
 W. C. LITTLE & CO., ALBANY, N.Y.