APPENDIX——CHANCERY LAWS.
or descendant of such brother or sister, then to the grand-father
on the part of the mother, and if no such grand-father living,
then to his descendants in equal degree equally, and if no such
descendant of such grand-father, then to the father of such grand-father,
and if none such living, then to his descendants in equal
degree, and so on, passing to the next male maternal ancestor, and
if none such living, to his descendants in equal degree, and if no
such maternal ancestor, or descendant from any maternal ancestor,
then to the father of the intestate, and if no father living, to his
descendants in equal degree equally, and if no father living, or
descendant from the father, then to the paternal ancestors and their
descendants in the same manner as is above directed as to the maternal
ancestors; and if the estate is or shall be vested in the intestate
by purchase, and not derived from or through either of his
ancestors, and there be no child or descendant of such intestate,
then the estate shall descend to the brothers and sisters of such intestate
of the whole blood, and their descendants, in equal degree
equally, and if no brother or sister of the whole blood, or descendant
from such brother or sister, then to the brothers and sisters of
the half blood and their descendants, in equal degree equally, and
if no brother or sister of the whole or half blood, or any descendant
from such brother or sister, then to the father, and if no father
living, then to the mother, and if no mother living, then to the
grand-father on the part of the father, and if no such grand-father
living, then to the descendants of such grand-father in equal degree
equally, and if no such grand-father, or any descendant from
him, then to the grand-father on the part of the mother, and if no
such grand-father, then to his descendants in equal degree equally,
and so on without end, alternating the next male paternal ancestor
and his descendants, and the next male maternal ancestor and his
descendants, and giving preference to the paternal ancestor and his
descendants; and if there be no descendants or kindred of the intestate
as aforesaid to take the estate, then the same shall go to
the husband or wife, as the case may be, and if the husband or wife
be dead, then to his or her kindred in the like course as if such
husband or wife had survived the intestate, and then had died entitled
to the estate by purchase, and if the intestate has had more
husbands or wives than one, and all shall die before such intestate,
then the estate shall be equally divided among the kindred of
the several husbands or wives in equal degree equally. |
NOV. 1785.
CHAP. 45. |