Page:United States Statutes at Large Volume 76A.djvu/665

–569– -569(b) Upon the death of the husband, his clothing and the household effects not exceeding $2,500 in value go to the surviving wife without administration, and are not subject to the debts and allowance referred to in subsection (a) of this section. (c) Community property passing from the control of the husband by virtue of testamentary disposition by the wife is subject to administration, his debts, and the charges and expenses of administration, but the husband, pending administration, shall retain the same power to sell, manage and deal with the community personal property as he had in her lifetime; and his possession and control of the community property may not be transferred to the personal representative of the wife, except to the extent necessary to carry her will into effect. Subchapter III—Separate Property § 541. Succession controlled by contract and Code The separate property of a person who dies without disposing of it by will is succeeded to and shall be distributed as provided by this Part and Part 3 of this title, subject to the limitation of a marriage or other contract, and to this title. § 542. Distribution to surviving spouse and issue (a) If the decedent leaves a surviving spouse and only one child or the lawful issue of a deceased child, the estate goes one-half to the surviving spouse and one-half to the child or issue. (b) I f the decedent leaves a surviving spouse, and: (1) more than one child living; or (2) one child living and the lawful issue of one or more deceased children; or (3) the lawful issue of two or more deceased children— the estate goes one-third to the surviving spouse and the remainder in equal shares to the children, if living, and to the lawful issue of any deceased child, by right of representation. (c) If the decedent does not leave a child living at his death, the remainder goes to all his lineal descendants; and if all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they ta&e by right of representation. § 543. Distribution to issue where no surviving spouse If the decedent does not leave a surviving spouse, but leaves issue, the whole estate goes to the issue. If all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation. § 544. Distribution where no issue If the decedent does not leave issue, the estate goes one-half to the surviving spouse, and the other half to the decedent's parents in equal shares, and if either is dead the whole of half goes to the other. If there are no parents, one-half goes in equal shares to the brothers and sisters oi the decedent and to the children or grandchildren of deceased brothers or sisters by right of representation. § 545. Distribution to surviving spouse where no issue or immediate relatives If the decedent leaves a surviving spouse and neither issue, parent, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the surviving spouse.

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