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8 ADMINISTRATION.
if leaving a widow, to her, or to the father, or
to the widow and father, jointly or separately
as above mentioned.
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To brothers
and sisters,
preferable to
uncles or
aunts. |
Brothers and sisters, whether of the whole or
half blood, are to be preferred before uncles
and aunts, because the former have the immediate
blood of the parent. 2 Vern. 125. A rule
which extends to other instances, and being observed,
will point out generally who are to be
considered as next of kin: For this purpose I
shall mention another case, and then apply both.
In a dispute between the grand-father or grand-mother,
and an uncle or aunt, held, that the
grand-father or grand-mother are nearer of kin,
than the uncle or aunt. 1 Salk, 38, 351.--------
Prec. Chanc. 527.-----12 Mod. 623-----1st. P.
Will. 51.-----L, Raym, 684.
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Brothers and sisters are to be preferred before
uncles and aunts as nearer of kin, because the
relation in the former instance is thus traced;
from the intestate to his or her father or mother,
from the father or mother to the brothers and
sisters---In the latter instance the relation is
thus traced; from the intestate to his or her father
or mother, from his or her father or mother
to his or her grand-father or grand-mother,
and then to said grand-father or grand-mother's |
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