Page:United States Statutes at Large Volume 79.djvu/738

 698

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

lieirs specified by this subsection take the real estate as tenants in common in the same proportions as they take the surplus personal estate as provided by this chapter. (b) Subject to the right of dower, the real estate specified by subsection (a) of this section is liable, when the personal estate is insufficient, for the payment of the intestate's funeral expenses, debts, costs of administration, and estate, inheritance, and succession taxes in the same manner and to the same extent as the personal estate of the intestate. When the real estate is sold under a decree of a court having Jurisdiction over it, the consent of the surviving spouse to the sale, IS not required unless the surviving spouse elects to take dower. § 19-302. When surviving spouse entitled to whole When the intestate leaves a surviving spouse and no child, parent, grandchild, brother, or sister, or the child of a brother or sister of the intestate, the surviving spouse is entitled to the whole. § 19-303. When surviving spouse entitled to one-third When the intestate leaves a surviving spouse and a child, or a descendant of a child, the surviving spouse is entitled to one-third. § 19-304. When surviving spouse entitled to one-half When the intestate leaves a surviving spouse and no child or descendant of the intestate, but a father or mother, or brother or sister, or child of a brother or sister, the surviving spouse is entitled to one-half. §19-305. Distribution of surplus after payment to surviving spouse The surplus, above the share of the surviving spouse, or the whole surplus, when there is no surviving spouse, descends and is distributed as provided by this chapter and by section 19-701. § 19-306. Children to share equally When the intestate leaves children and no other descendants, the surplus is divided equally among them. § 19-^07. Grandchildren's share (a) Subject to subsection (b) of this section, and to section 19-819, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor. (b) Those in equal degree claiming in the place of an ancestor take equal shares. § 19-308. Share of father and mother When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivors. § 19-309. Share of brother or sister or their descendants When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole. § 19-310. Brothers and sisters to share equally Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.

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