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Distribu-
tion of an
intestate's
personal
estate.
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given without a view to a portion or settlement in life, shall
not be deemed advancement; and in all cases those in equal
degree, claiming in the place of an ancestor, shall take equal
shares.
SEC. 7. If there be a father, and no child or descendant, the
father shall have the whole.
SEC. 8. If there be a brother or sister, or child or descendant
of a brother or sister, an4 no child, descendant, or father of the
intestate, the said brother, sister or child, or descendant of a
brother or sister, shall have the whole.
SEC. 9. Every brother and sister of the intestate shall be
entitled to an equal share, and the child or children of a brother
or sister of the intestate shall stand in the place of such brother
or sister.
SEC. 10. If the intestate leave a mother, and no child,
descendant, father, brother, sister or child, or descendant of a
brother or sister, the mother shall be entitled to the whole, and
in case there be no father, a mother shall have an equal share
with the brothers and sisters of the deceased, and their children
and descendants.
SEC. 11. After children, descendants, father, mother, brothers
and sisters, of the deceased, and their descendants, all collateral
relations, in equal degree, shall take, and no representation
amongst such collaterals shall be allowed ; and there shall be
no distinction between the whole and half blood.
SEC. 12. If there be no collaterals, a grand-father may take,
and if there be two grand-fathers, they shall take alike, and a
grand-mother, in case of the death of her husband the grand-
father, shall take as he might have done.
SEC. 13. If any person entitled to distribution shall die before
the same be made, his or her share shall go to his or her
representatives.
SEC. 14. Posthumous children of intestates shall take in the
same manner as if they had been born before the decease of
the intestate, but no other posthumous relation shall be con-
sidered as entitled to distribution in his or her own right.
SEC. 15. If there be no relations of the intestate within the
fifth degree, which degree shall be reckoned by counting down
from the common ancestor to the more remote, the whole
surplus shall belong to the state, to be applied as the legisla-
ture shall hereafter direct, saving to the different schools in this
state the rights which by existing laws they now respectively
possess.
SEC. 16. In case the surplus remaining in the administrator's
hands after payment of all just debts exhibited and proved, or
notified and not barred, or after retaining for the same, shall
consist of specific property, or articles mentioned in the inven-
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