SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

brother or sister, then to the brothers and sisters of the half blood
and their descendants, in equal degree, equally; and if an 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 grandfather
on the part of the father, and if no such grandfather living, then
to the descendants of such grandfather in equal degree, equally;
and if no such grandfather, or any descendant from him, then to
the grandfather 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 de-
scendants, and giving preference to the paternal ancestor, and his

CHAP. 191.

descendants; and if there be no descendants or kindred of the in-

testate as aforesaid, to take the estate, then the same shall go to
the husband or wife, as the case may he. 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 kin-
dred of the several husbands or wives in equal degree, equally.

If there be no
descendants or
kindred of the in-
testate, then the
estate shall go to
the husband or
wife, &c.

2. And be it enacted, That no right in the inheritance shall ac-

crue to or vest in any person other than to children of the intes-
tate, and their descendants, unless such person is in being, and
capable in law to take as heir at the time of the intestate's death,
but any child or descendant of the intestate, been after the death
of the intestate, shall have the same right of inheritance as if born
before the death of the intestate.

No right shall vest
except in children
of the intestate,

&c.

3. And be it enacted, That there shall be no distinction between
brothers and sisters of the whole and half blood all being descen-
dants of the same father where the estate descended on the part
of the father, nor shall there he any distinction between brothers
and sisters of the whole and half blood, all being descendants of
the same mother, where the estate descended on the part of the
mother.

No distinction be-
tween brother, of
the whole and half
blood, being de-
scendants of the
parent from
whom the estate

4. And be it enacted, That if in the descending or collateral
line, any father or mother may be dead, the child or children of
such father or mother shall, by representation, be considered in
the same degree as the father or mother would have been if living,
and shall have the, same share of the estate as the father or mo-
ther, if living, would have been entitled to, and no more; and in
such case, where there are more children than one, the share afore-
said shall be equally divided among such children; provided that
there be no representations admitted among collaterals after bro-
thers' and sisters' children.

descended.

Children shall be
considered in the
same degree as
the father and
mother would
have been if living
&c.

5. And be it enacted, That any child or children of the intes-
tate, or their issue, having received from the intestate any real
estate by way of advancement, may elect to come into partition
with the other parceners, on bringing such advancement, or the
value thereof at the time such advancement was received, into
hotchpot with the estate descended; but such child or children, or
their issue, shall not be entitled to claim a share by descent, with-
out bringing such advancement, or the value thereof as aforesaid,

Children having
received real es-
tate may elect to
come into partiti-
on on bringing
the same into
hotch pot with the
estate descended.