of the deceased as provided in the two preceding chapters1 and in chapter one hundred and forty, in manner following:

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First, In equal shares to his children and to the issue of any de ceased child by right of representation; and, if there is no surviving child of the intestate, then to all his other lineal descendants. If all such descendants are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, they shall take according to the right of representation.

Second, If he leaves no issue, then in equal shares to his father and mother.

Third, If he leaves no issue nor mother, then to his father. Fourth, If he leaves no issue nor father, then to his mother. Fifth, If he leaves no issue and no father or mother, then to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, then to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, they shall take according to the right of representation.

Sixth, If he leaves no issue, and no father, mother, brother or sister, and no issue of any deceased brother or sister, then to his digra next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor who is more remote.

Seventh, If an intestate leaves no kindred and no widow or husband, his or her estate shall escheat to the commonwealth.

7. Commmunes Escheat

Sec. 2. The degrees of kindred shall be computed according to the rules of the civil law; and the kindred of the half blood shall inherit equally with those of the whole blood in the same degree.

Sec. 3. An illegitimate child shall be heir of his mother and of any maternal ancestor, and the lawful issue of an illegitimate person shall represent such person and take by descent any estate which such person would have taken if living.

Sec. 4. If an illegitimate child dies intestate and without issue who may lawfully inherit his estate, such estate shall descend to his mother or, if she is not living, to the persons who would have been entitled thereto by inheritance through his mother if he had been a legitimate child.

Sec. 5. An illegitimate child whose parents have intermarried,

A householder with a family is entitled to a homestead exemption which under certain conditions is not subject to the laws of descent. Rev. Laws (1902), c. 131, Secs. 1, 8.

Curtesy and dower, in a modified form, are preserved, if claimed within a year after the approval of the bond of the executor or administrator in lieu of the provision in Rev. Laws (1902), c. 140, Sec. 3. Rev. Laws (1902), c. 132, Sec. 1; Acts (1915), c. 134, Sec. 1.

and whose father has acknowledged him as his child, shall be considered legitimate.

Sec. 6. Inheritance or succession by right of representation is the Jukinstance taking by the descendants of a deceased heir of the same share or right in the estate of another person as their parent would have taken if living. Posthumous children shall be considered as living at the death of their parent.

Rev. Laws (1902), c. 140, Sec. 1. . . . The widow may remain in the house of her husband for not more than six months next succeeding his death without being chargeable for rent.1 Sec. 3. If a person dies possessed of property not lawfully disposed of by will, it shall be distributed as follows:

First, The personal property remaining after said allowances shall be applied to the payment of the debts of the deceased and the charges of his last sickness and funeral and of the settlement of his estate.

Second, The residue of the personal property shall be distributed among the persons and in the proportions prescribed for the descent of real property in chapter one hundred and thirty-three, except as otherwise provided herein.

Third, If the deceased leaves no issue, the surviving husband or widow shall take five thousand dollars and one-half of the remaining personal property and one-half of the remaining real property. If the personal property is insufficient to pay said five thousand dollars, the deficiency shall, upon the petition of any party in interest, be paid from the sale or mortgage, in the manner provided for the payment of debts or legacies, of any interest of the deceased in real property which he could have conveyed at the time of his death.

If the deceased leaves issue, a surviving husband or widow shall take one-third of the remaining personal property and one-third of the remaining real property.

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If the deceased leaves no kindred, a surviving husband or widow( shall take the whole of the remaining real and personal property. If the deceased leaves no husband, widow or kindred, the whole of the remaining personal property shall escheat to the commonwealth.

New York.

CONSOL. LAWS (1909), Real Property Law, Art. 4, Sec. 204. A widow may remain in the chief house of her husband forty days after his death, whether her dower is sooner assigned to her or not, without being liable to pay any rent for the same; and in the meantime she

1 Sec. 2 authorizes the probate court to grant to the immediate family of the deceased an allowance for necessaries for six months. In default of personalty the realty may be sold to provide therefor.

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may have her reasonable sustenance out of the estate of her husband.

CONSOL. LAWs (1909), Decedent Estate, Law, Art. 3. Sec. 81. The real property of a person who dies without devising the same shall descend: 1. To his lineal descendants. 2. To his father. 3. To his mother; and 4. To his collateral relatives, as prescribed in the following sections of this article.

Sec. 82. If the intestate leave descendants in the direct line of lineal descent, all of equal degree of consanguinity to him, the inheritance shall descend to them in equal parts however remote from him the common degree of consanguinity may be.

Sec. 83. If any of the descendants of such intestate be living, and any be dead, the inheritance shall descend to the living, and the descendants of the dead, so that each living descendant shall inherit such share as would have descended to him had all the descendants in the same degree of consanguinity who shall have died leaving issue been living; and so that issue of the descendants who shall have died shall respectively take the shares which their ancestors would have received.

Sec. 84. If the intestate die without lawful descendants, and leave a father, the inheritance shall go to such father, unless the inheritance came to the intestate on the part of his mother, and she be living; if she be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate and their descendants, according to the law of inheritance by collateral relatives hereinafter provided; if there be no such brothers or sisters or their descendants living, such inheritance shall descend to the father in fee.

Sec. 85. If the intestate die without descendants and leave no father, or leave a father not entitled to take the inheritance under the last section, and leave a mother, and a brother or sister, or the descendant of a brother or sister, the inheritance shall descend to the mother for life, and the reversion to such brothers and sisters of the intestate as may be living, and the descendants of such as may be dead, according to the same law of inheritance hereinafter provided. If the intestate in such case leave no brother or sister or descendant thereof, the inheritance shall descend to the mother in fee.

Sec. 86. If there be no father or mother capable of inheriting the estate, it shall descend in the cases hereinafter specified to the collateral relatives of the intestate; and if there be several such relatives, all of equal degree of consanguinity to the intestate, the inheritance shall descend to them in equal parts, however remote from him the common degree of consanguinity may be.

1 A householder having a family or a married woman owning a residence is entitled to a homestead exemption, which under certain conditions is not subject to the laws of descent. Code Civ. Proc. (1913), §§ 1397-1400.

Sec. 87. If all the brothers and sisters of the intestate be living, the inheritance shall descend to them; if any of them be living and any be dead, to the brothers and sisters living, and the descendants, in whatever degree, of those dead; so that each living brother or sister shall inherit such share as would have descended to him or her if all the brothers and sisters of the intestate who shall have died, leaving issue, had been living, and so that such descendants in whatever degree shall collectively inherit the share which their parent would have received if living; and the same rule shall prevail as to all direct lineal descendants of every brother and sister of the intestate whenever such descendants are of unequal degrees.

Sec. 88. If there be no heir entitled to take, under either of the preceding sections, the inheritance, if it shall have come to the intestate on the part of the father, shall descend:

1. To the brothers and sisters of the father of the intestate in equal shares, if all be living.

2. If any be living, and any shall have died, leaving issue, to such brothers and sisters as shall be living and to the descendants of such as shall have died.

3. If all such brothers and sisters shall have died, to their descendants.

4. If there be no such brothers or sisters of such father, nor any descendants of such brothers or sisters, to the brothers and sisters of the mother of the intestate, and to the descendants of such as shall have died, or if all have died, to their descendants. But, if the inheritance shall have come to the intestate on the part of his mother, it shall descend to her brothers and sisters and their descendants; and if there be none, to the brothers and sisters of the father and their descendants, in the manner aforesaid. If the inheritance has not come to the intestate on the part of either father or mother, it shall descend to the brothers and sisters both of the father and mother of the intestate, and their descendants in the same manner. In all cases mentioned in this section the inheritance shall descend to the brothers and sisters of the intestate's father or mother, as the case may be, or to their descendants in like manner as if they had been the brothers and sisters of the intestate.

5. If there be no such brothers or sisters of such father or mother, nor any descendants of such brothers or sisters, the inheritance, if it shall have come to the intestate on the part of his father, shall descend to his father's parents, then living, in equal parts, and if they be dead, then to his mother's parents, then living, in equal parts; but if the inheritance shall have come to the intestate on the part of his mother, it shall descend to his mother's parents, then living, in equal parts, and if they be dead, to his father's parents, then living, in equal parts. If the inheritance has not come to the intestate on the part of either father or mother, it shall descend to his living grandparents in equal parts.

Sec. 89. If an intestate who shall have been illegitimate die without lawful issue, or illegitimate issue entitled to take, under this section, the inheritance shall descend to his mother; if she be dead, to his relatives on her part, as if he had been legitimate. If a woman die without lawful issue, leaving an illegitimate child, the inheritance shall descend to him as if he were legitimate. In any other case illegitimate children or relatives shall not inherit.1

Sec. 90. Relatives of the half-blood and their descendants, shall inherit equally with those of the whole blood and their descendants, in the same degree, unless the inheritance came to the intestate by descent, devise or gift from an ancestor; in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.

Sec. 91. When the inheritance shall have come to the intestate from a deceased husband or wife, as the case may be, and there be no person entitled to inherit under any of the preceding sections, then such real property of such intestate shall descend to the heirs of such deceased husband or wife, as the case may be, and the persons entitled, under the provisions of this section, to inherit such real property, shall be deemed to be the heirs of such intestate.

Sec. 92. In all cases not provided for by the preceding sections of this article, the inheritance shall descend according to the course of the common law.

Sec. 93. A descendant or a relative of the intestate begotten before his death, but born thereafter, shall inherit in the same manner as if he had been born in the lifetime of the intestate and had survived him.

Sec. 94. When there is but one person entitled to inherit, he shall take and hold the inheritance solely; when an inheritance or a share of an inheritance descends to several persons they shall take as tenants in common, in proportion to their respective rights.

Sec. 95. A person capable of inheriting under the provisions of this article, shall not be precluded from such inheritance by reason of the alienism of an ancestor.2

1 An illegitimate child becomes legitimatized by the subsequent marriage of its parents. New York, Consol. Laws (1909), Domestic Relations Law, Art. 3, Sec. 24. Alien friends may inherit in the same manner as native born citizen. New York, Laws (1913), c. 152.

Sec. 96, 97 deal with the effect of advancements to children, post, p. 777.

A widow is "endowed of the third part of all the lands whereof her husband was siezed of an estate of inheritance, at any time during the marriage." New York, Consol. Laws (1909), Real Property Law, Art. 6.

For other American Statutes of Descent, see Stimson, Am. Stat. Law, §§ 31003155, and 4 Kent, Com. 373-422.