Marvin Mandel, Governor                       1603

(1)    In the case of issue of the decedent, the property shall be
divided into as many equal shares as there are children of the de-
cedent who survive the decedent and children of the decedent who
did not survive the decedent but of whom issue did survive the
decedent. Each child of the decedent who did survive the decedent
shall receive one share and the issue of each child of the decedent
who did not survive the decedent but of whom issue did survive the
decedent shall receive one share apportioned by applying to the chil-
dren and other issue of each non-surviving child of the decedent the
pattern of representation provided for in this paragraph for the
children and other issue of the decedent and repeating that pattern
with respect to succeeding generations until all shares are deter-
mined.

(2)    In the case of issue of a parent, grandparent or great-
grandparent of the decedent, the property shall be divided into as
many equal shares as there are lineal descendants of either (or of
both) of the pair of parents, grandparents, or great-grandparents,
as the case may be, of the nearest degree of relationship to the
decedent of whom any survived the decedent and who did so survive,
and lineal descendants of the same degree who did not survive the
decedent but of whom issue did survive the decedent. Each lineal
descendant of the nearest degree surviving the decedent shall re-
ceive one share and the issue of each deceased lineal descendant of
that degree who left issue surviving the decedent shall receive one
share apportioned in the manner of representation set forth for is-
sue of the decedent in subsection (1).

3-104.

If there is no surviving issue the net estate exclusive of the share
of the surviving spouse, or the entire net estate if there is no surviv-
ing spouse, shall be distributed by the personal representative:

(a)    Parents, and their issue—to the surviving parents equally,
or if only one parent survives, [then] to the survivor; or if
neither parent survives, to the issue of the parents, by representa-
tion; or

[(b) Brothers and sisters, and their issue—if there is no sur-
viving parent, to brothers and sisters and their issue, by representa-
tion; or

(c)    Collaterals—if there is no surviving parent, brother, sister
or issue of a brother or sister, to all surviving collateral relations in
equal degree, without representation, but not beyond the tenth de-
gree by tracing relationship to a common ancestor counting upward
from the decedent not more than five steps; or

(d)    Grandparents—if there is no surviving parent, brother,
sister, issue of a brother or sister, or collateral relation described
in subsection (c), to the surviving grandparents equally, or if only
one grandparent survives, then to the survivor.]

(b)    Grandparents and their issue—if there is no surviving par-
ent or issue of a parent, one-half to the surviving paternal grandpar-
ents equally, or if only one paternal grandparent survives, to the sur-
vivor, or if neither paternal grandparent survives, to the issue of the
paternal grandparents, by representation; and one-half to the surviv-
ing material MATERNAL grandparents equally, or if only one