OF DISTRIBUTION. 113
them; (in exclusion of the grand father,
if alive.) But had the sister dies in the lifetime
of the intestate, and left issue, living the brother,
then the brother would have been entitled
to one half, and the children of the deceased's
sister jointly, to the other half of the
estate; not in their own right, but as representatives
of their mother; but beyond brothers
and sisters children, no such representation is
allowed: as for instance, if the persons claiming
distribution were a deceased's brother's
daughter, and the grand children of another deceased's
brother,--the deceased's brother's daughter
shall have the whole, residue, in total exclusion
of the deceased's brother's grand children.
For the grand children of the brother cannot
take per capita, in their own right, because of
the brother's daughter, who is nearer of kin to
the intestate; and they cannot take per stirpes,
as representatives of their father, because the act
expressly says, that no such representation shall be
admitted beyond brothers and sisters children, but
shall there cease.
|
|