Page:United States Statutes at Large Volume 31.djvu/1302

 1250 Frrirr-six'rH CONGRESS. Sess. 11. GH. 854. wei. §§d§,§5.;§h§,},_§° °‘ Sec. 377. The surplus, exclusive of the widow’s share, or the whole surplus (if there be no widow), shall go as follows: Sec. 378. If there be children and no other descendants, the surplus shall be divided equally amon them. _ Sec. 379. If there be a child or children and a child or children of a deceased child, the child or children of such deceased child shall take such share as his, her, or their deceased /parent would, if living, be entitled to, and every other descendant or descendants in existence at _ the death of the intestate shall stand in the place of his, her, or their _f°5‘{.§'§'§§, ,0 cmd, deceased ancestor: Provicled, That if any child ,or descendant shall °*°· have been advanced by the intestate, by settlement or portion, the same shall be reckoned in the surplus, and, if it be equal or superior to a share, such child or descendant shall. be excluded, but the widow shall have no advantage by bringing such advancement into reckoning: Avid provided further, That, if any child or descendant shall have received from the intestate any real estate by way of advancement, which shall not be equalized under the provisions of section nine hundred and fifty- nine of this code, the value of any such advancement shall be treated gg-"§§;‘;“§““§§v,§,§; as personality for the purposes of this section; but maintenance or _ mem. education or money or realty, 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. m§§d°' °‘ d“"“"" Sec. 380. If there be a father and no child or descendant, the father shall have the whole; and if there be a mother and no father, child, o1· descendant, the mother shall have the whole. Sec. 381. If there be a brother or sister, or child or descendant of a brother or·sister, and no child, descendant, or father or mother of the intestate, the said brother, sister, or child or descendant of a brother or sister shall have the whole. Sec. 382. Every brother and sister of the intestate shall be entitled to an equal share, and the child or children, or descendants of a b1‘OiZll€1' or sister of the intestate, shall stand in the place of their deceased parents, respectively. · I Sec. 383. 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 among such collaterals shall be allowed; and there shall be no distinction between the whole and half blood. ’ 3 Sec. 384. If there be no collaterals, a grandfather may take, and if there be two grandfathers they shall take alike; and a grandmother, in case of the Aeath of her husband, the grandfather,.shall take as he mi ht have done. bu%§§lQ‘ b°f°"’ ‘“S“i‘ §EC. 385. If any person entitled to distribution shall die before the same shall be made, his or her share shall go to his or her representatives. dr*;§‘*"*‘“°“S °h“‘ · Sec. 386. 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 considered as entitled to distri- _ _ _ bution in his or her own right. d},§,‘“`fg"‘“‘“‘° °h“‘ Sec. 387. The illegitimate child or children of any female and the issue of any such illegitimate child or children shall be capable to take from their mother, or from each othe1·, or from the descendants of each other, in like manner as if born in lawful wedlock. When an illegitimate child or children shall die leaving no descendants, or brothers or sisters, or the descendants of such brothers or sisters, then and in that case the mother of such ille itimate child or children, if living, shall be entitled as next of kin, and- if the mother be dead the next of kin of the mother shall take in like manner as if such illegitimate child or children had been born in lawful wedlock.