When any person having title to any real estate of inheritance shall dieintestate as to such estate, it shall descend and pass in parcenary to suchof his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate issurvived by children or their descendants, one or more of whom are notchildren or their descendants of the surviving spouse, in which casetwo-thirds of such estate shall pass to all the intestate's children andtheir descendants and the remaining one-third of such estate shall pass tothe intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all theintestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or thesurvivor.
Fourth. If there be none such, then to his or her brothers and sisters, andtheir descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, theother to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and theirdescendants.
Eighth. If there be none such, then to the great grandfathers or greatgrandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathersand grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest linealancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternalkindred; and if there be no maternal kindred, the whole shall go to thepaternal kindred. If there be neither maternal nor paternal kindred, thewhole shall go to the kindred of the husband or wife, in the like course asif such husband or wife had died entitled to the estate.
(Code 1950, § 64-1; 1956, c. 109; 1968, c. 656; 1977, c. 474; 1982, c. 304;1985, c. 189; 1990, c. 831.)
When any person having title to any real estate of inheritance shall dieintestate as to such estate, it shall descend and pass in parcenary to suchof his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate issurvived by children or their descendants, one or more of whom are notchildren or their descendants of the surviving spouse, in which casetwo-thirds of such estate shall pass to all the intestate's children andtheir descendants and the remaining one-third of such estate shall pass tothe intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all theintestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or thesurvivor.
Fourth. If there be none such, then to his or her brothers and sisters, andtheir descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, theother to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and theirdescendants.
Eighth. If there be none such, then to the great grandfathers or greatgrandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathersand grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest linealancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternalkindred; and if there be no maternal kindred, the whole shall go to thepaternal kindred. If there be neither maternal nor paternal kindred, thewhole shall go to the kindred of the husband or wife, in the like course asif such husband or wife had died entitled to the estate.
(Code 1950, § 64-1; 1956, c. 109; 1968, c. 656; 1977, c. 474; 1982, c. 304;1985, c. 189; 1990, c. 831.)
When any person having title to any real estate of inheritance shall dieintestate as to such estate, it shall descend and pass in parcenary to suchof his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate issurvived by children or their descendants, one or more of whom are notchildren or their descendants of the surviving spouse, in which casetwo-thirds of such estate shall pass to all the intestate's children andtheir descendants and the remaining one-third of such estate shall pass tothe intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all theintestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or thesurvivor.
Fourth. If there be none such, then to his or her brothers and sisters, andtheir descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, theother to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and theirdescendants.
Eighth. If there be none such, then to the great grandfathers or greatgrandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathersand grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest linealancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternalkindred; and if there be no maternal kindred, the whole shall go to thepaternal kindred. If there be neither maternal nor paternal kindred, thewhole shall go to the kindred of the husband or wife, in the like course asif such husband or wife had died entitled to the estate.
(Code 1950, § 64-1; 1956, c. 109; 1968, c. 656; 1977, c. 474; 1982, c. 304;1985, c. 189; 1990, c. 831.)
