Page:United States Statutes at Large Volume 47 Part 1.djvu/1204

 1180 Antr, p. 1145. Antc, p. 1129 . Asic, p. 113 7 . 72d CONGRESS. SESS. II. CH : 128. FEBRUARY 27, 1933. Cross REFEItENCEB Adoption of illegitimate child, see section 104. Children of annulled marriage legitimate, see section 43. Divorce not to affect legitimacy, see section 99. heirs of illegitima te SEC. 404. SUCCESSION TO ILLEGITIMATE CHILD .-The estate of an child illegitimate child, who, having title to any estate not otherwise lim- ited by marriage contract dies without disposing thereof by will, is succeeded to as if he had teen born in lawful wedlock if he has been legitimated by a, subsequent marriage of his parents, or adopted by his father as provided by section 164 ; otherwise, it is succeeded to as if he had been born in lawful wedlock and had survived his father and all persons related to him only through his father. green ofkin8red, of de SEC. 405. DEGREES OF KINDRED, HOW COMPUTED .-The degree of kindred is established by t he number of ge nerations, and e ach gen- Direct end collateral eration is called a degree. consanguinity. SEC. 406. SAME ; DIRECT AND COLLATERAL CONSANGUINITY:The series of degrees forms the line ; the series of degrees between per- sons wiho desc end from one an other is called direct or lineal cos- sanguirlaty ; and 'the series of degrees between persons who do nct des cend from one Another., but spring from a common ancestor, is eaaled the collateral line or collateral consanguinity. Di rec t, descending ends C. 407. SA irs o AND DIRECT LINE AECE3cD- scending. ING 'he direct lime is divided into a direct line descending and a direot line ascending. ''T„}ike first is that which connects the ancestors with those who descend from him.. The second is that which con- nects a person with these f'rcrm whem he descends. Degrees in. SEC 408. SAME ; DEGREES icc DIRECT LINE .-In the direct line there are as many degrees as there are generations. Thus, the son is, with regard to the father, the first degree ; the grandson in the second ; and vice versa with regard to the father and grandfather toward the Dogrees in collateral sons and grandsons. Sine. SEC. 400. SAME ; DEGREES IN OOLLATERAL LINE.-In the collateral line the degre es are counted by generations, from one of the rela- tions up to the common ancestor, and from the common ancestor to the other relations. In such computation the decedent is excluded, the relative included, and the ancestor counted but once. Thus, brothers are rela ted iii t he second degree ; u nc le a nd nephew in the Relatives o : the half third' degree, cousins german in the fourth, and so on. blood. SEC. 410 . RELATIVES OF THE HALF BLOOD.- Ki nd red of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestors must be excluded from such inheritance . Advaa~ments can- stitute part ofdistribu-SEC . 411 . ADVANCEMENTS CONSTIT1JrE PART OF DISTRIBUTIVE SHARE .- tiveshare . Any estate giv en by the deced ent in his lifet ime as an advanc ement to any child, or other heir, is a part of the estate of the decedent for the purposes o f division and distribution the reof among his h eirs, and must be taken by such child, or other heir, toward his share of the estate of the decedent. Ceoes ItESEe>J1scR Ante, pp. 1171, u75. Advancements, see sections 34T and 382. c~ency Advancements,suf& SEC. 412 . ADVANCEMENTS, WHEN TOO MUCH, OR NOT ENOUGH .-If . the amount of such advancment exceeds the sar e of the heir re ceiv- ing the salve, he must be exc luded from any f urther portion i n the division and distribution of the estate, but he must not be required to refund any part of such advancement and if the amount so
 * DIRECT LD~E DESCENDING,