Page:United States Statutes at Large Volume 31.djvu/566

514 FIFTY-SIXTH CONGRESS. Sess. I. CH; 786. 1900. deceased child b_y right of representation; and if there be no child of the intestate livin at the time of his or her death, such real property shall descend to ag his or her other lineal descendants; and i all such descendants are in the same degree of kindred to the intestate, they shall ltlake sucll; realhprpperty equally; or otherwise, they shall take accor ing to the ri t 0 re resentation. (2) If the intestge shall lgave no lineal descendants, such real property shall descend to his wife, or if the intestate be a married woman and leave no lineal descendants, then such real property shall descend to her husband; and if the inteptatel leavehno gvifle nor husband, then such real ro ert · shall descen to is or er at er.` (3) If tliie iiitestiate shall leave no lineal descendants, neither husband nor wife, nor father, such real property shall descend in equal shares to the brothers and sisters of the intestate, and to the issue of any deceased brother or sister by right of representation: but if the intestate shall leave a mother also, sge shall take an equal share with such brothers and sisters. (4) lf the intestate shall leave no lineal descendants, neither husband nor wife, nor father, brother, nor sister, living at his or her death, such real prplperty sihgll dlescend to his mqthler, to the exclusion of the issue of the ecease rot ers or sisters 0 the intestate. . (5) If the intestate shall leave no lineal descendants, neither husband n0r wife, nor father, mother, brother, nor sister, such real property shall descend to his or her 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 shall be preferred to those claiming through a more remote ancestor. (6) If the intestate shall leave one or more children, and the issue of one or more deceased children, and any of such surviving children shall die under age without havin been married, all such real property that came to such deceased child by inheritance from such intestate shall descend in equal shares to the other children of such intestate, and to the issue of any other. children of such intestate who shall have died, by rigrht of re resentation. But if all the other children of such intestate shall be also dead, and any of them shall have left issue, such real property so inherited such deceased child shall descend to all the issue of such other chil ren of the intestate in equal shares, if they are ipl the s;me degiiee og kindred to such deceased child; otherwise, they s al ta e b r1 t o re resentation. (7) If thelintgstate shag] leave no lineal decendants or kindred, such real property shall escheat to the United States. CHAPTER SEVENTEEN. OF THE DISTRIBUTION or rERsoNAL PROPERTY. sec, A Sec. I C 169. Distribution of personal property. l 170. Advancement to widow. Di’°’“’““°“ °* P°" Sec. 169. When any erson shall die possessed of any ersonal somlpmpmw · propert , or of any rightpto or interest therein, not having lawfully bequeaiéged Eshg same, such personal property shall be applied and distribute as 0 ows: (1) If the intestate shall leave a widow, she shall be allowed all articles of her apparel and ornament, according to the degree and estate of the intestate, and such prolperty and provisions for the use and su port of herself and minor c ildren as shall be allowed and ordered in pursuance of chapter eighty-three of the Code of Civil Procedure; and this allowance shall be made as well when the widow waives the provision made for her in the will of her husband as when he dies intestate.