Page:United States Statutes at Large Volume 47 Part 1.djvu/1202

 1178 SUCCESSI ON. Defined. Suc ces si on to and distribution of estate of deceased person . 72d C ONGRESS. SESS. II. CH. 12 8. F EBRU ARY 27, 1933 . CHA PT ER 26 .-SUCCESSION SEC. 400. SUCCESSION DEFINED .-Succession is the coming in of another to take the property of one who dies without disposing of it by will. Who nt m e sPa eS estate, to SEC. 401 . INTESTATES ESTATE, TO WHOM PASSES .-The property of one who dies without disposing of it by will, passes to the heirs of the intestate, subject to the control of the district court, and to the posses- sion of any administrator appointed by that court, for the purposes of administration. SEC. 402 . SUCCESSION TO AND DISTRIBUTION OF ESTATE OF DECEA SED PERSON.-When any person having title to any estate not otherwise limited by marriage contract, dies without disposing thereof by will, it is succeeded to and must be d istributed, unle ss otherwise expr essly p ovided in this code and the Code of Civil Procedure, subject to the payment of his d ebts, in the fol lowin ma nner Wia ana thusandvive 1 . If the decedent leaves a surviving husband or wife, anala only one child, or the lawful issue of one child, in equal shares to the surviving husband, or wife and child, or issue of such child. If the decedent leaves a surviving husband or wife, and more than one child living, or one child living and the lawful issue of one or more deceased children, one third to the surviving husband or wife, and the remain- der in equal shares to his children and to the lawful issue of any deceased child, by right of representation dece dent li ving at his dea th, the rem aind er goes to all of his lin eal descendants ; and if all of the descendants are in the same degree of kindred to the decedent, they share equally, otherwise they takee according to the right of representation. If the decedent leaves no surviving husband or wife, but leaves issue, the whole estate goes to such issue ; and if such issue consists of more than one child living, or one child living and the lawful issue of one or more deceased children, then the estate goes in equal shares to the children living, or to the child living and the issue of the deceased child or children by right of repr esen tat ion ; surviving husband 2 . If the de cedent leaves no issue, the esta te goes one half to the or Wife nut no iaane. surviving husband or wife, and the other half to the decedent's father and mother in equal shares, and if either is dead the whole of said half goes to the other. If there is no father or mother, then one half goes in equal shares to the brothers and sisters of decedent and to the children or grandchildren of any deceased brother or sister by right of representation. If the decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother in equal shares, ai if either is dead then to the other ; When property goes 3 . If there is neither issue, husband, wife, father, nor mother then to brothers, sisters, etc. in equal shares to the brothers and sisters of decedent and to the children or grandchildren of any deceased brother or sister, by right of representatio n ; When whole estate 4. If the decedent leaves a surviving husband or wife, and neither to husband or wife, issue, fat her, moth er, b rothe r, s ister , nor the chil dren or gr andc hildr en of a deceased brother or sister, the whole estate goes to the surviving husband or wife ; Neat of kin. ,5. If the decedent leaves neither issue, husband, wife, father, mother, brother, nor sister, the-estate must go to the next of kin, in equal degree, excepting that, when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor must be preferred to those claiming through an ancestor more remote ; Interestotu nmarried 6 . If the decedent leaves several children, or one child and the minor enild, deceased. issue, of one or more children, and any such surviving child dies
 * but if there is no child of