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114 OF DISTRIBUTION.
The wife is no relation to the husband, in
the sense of the statute, for the term relation,
means kindred by blood. 2 Burn, 559.
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It was heretofore most absurdly determined,
in the duchess of Suffolk's case, that the mother
was not of kin to her child. A determination
that deserved rather to be exposed by ridicule,
than to be refuted by grave argument. Well
might a man of plain sense, on being informed
of this decision, and the reasons of it, ask with
admiration! " What said the duchess of Suffolk to
it?" See 4. Tr--Sh--page 197.
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It is to be observed that the right to a distributive
share, vests immediately on the intestate's
death; tho' the distribution is to be made in
the time abovementioned. And a child in the
mother's womb, is considered as if born before
the death of the intestate, and entitled accordingly.
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Advancement,
what is
deemed to be
such. |
Advancement, is another clause in the above,
statute, which directs that children " who have
" been advanced by settlements or portions by
" the intestate, not equal to the other shares,
" shall have so much only of the surplus, as
" will make all equal." |
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