child, who will be the uncle or aunt of the intestate;
so it appears that the grand-father or
grand-mother is nearer than the uncle or aunt;
for the relation between the intestate, and the
uncle or aunt, must be derived from the grand-father,
or grand-mother, who is the root of the
kindred, and the uncle and aunt only a branch:
From this illustration it may be inferred who
are in the nearest, and who in equal degree of
kindred; but it is to be remembered, that if
an intestate have any descendant of either sex,
or of whatsoever degree, such descendant is to
be preferred before all ascendants, and collaterals;
for instance, a son or daughter, grand-son
or grand-daughter, and so on, in the
descending line, is to be preferred before the
father or mother in the ascending line, and brothers
and sisters among the collaterals.  See
the table in title Descent.