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descendants. If there be no heir entitled to take, under either of the preceding sections, the inheritance, if it shall have come to the intestate on the part of his father, shall descend :

1. To the brothers and sisters of the father of the intestate in equal shares, if all be living :

2. If any be living, and any shall have died, leaving issue, to such brothers and sisters as shall be living and to the descendants of such as shall have died.

3. If all such brothers and sisters shall have died, to their descendants.

4. If there be no such brothers or sisters of such father, nor any descendants of such brothers or sisters, to the brothers and sisters of the mother of the intestate, and to the descendants of such as shall have died, or if all have died, to their descendants. But, if the inheritance shall have come to the intestate on the part of his mother, it shall descend to her brothers and sisters and their descendants; and if there be none, to the brothers and sisters of the father and their descendants, in the manner aforesaid. If the inheritance has not come to the intestate on the part of either father or mother, it shall descend to the brothers and sisters both of the father and mother of the intestate, and their descendants in the same manner. In all cases mentioned in this section the inheritance shall descend to the brothers and sisters of the intestate's father or mother, as the case may be, or to their descendants in like manner as if they had been the brothers and sisters of the intestate.

§ 289. Illegitimate children.-If an intestate who shall have been illegitimate die without lawful issue, or illegitimate issue entitled to take, under this section, the inheritance shall descend to his mother; if she be dead, to his relatives on her part, as if he had been legitimate. If a woman die without lawful issue, leaving an illegitimate child, the inheritance shall descend to him as if he were legitimate. In any other case illegitimate children or relatives shall not inherit.

$ 290. Relatives of the half-blood.—Relatives of the halfblood and their descendants, shall inherit equally with those of the whole blood and their descendants, in the same degree, unless the inheritance came to the intestate by descent, devise or gift from an ancestor; in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance, ad

$ 291. Cases not hereinbefore provided for.-In all cases not

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The Descent of Real Property.

'SS 292–296

provided for by the preceding sections of this article, the inheritance shall descend according to the course of the common law.

$ 292. Posthumous children and relatives.-A descendant or a relative of the intestate begotten before his death, but born thereafter, shall inherit in the same manner as if he had been born in the lifetime of the intestate and had survived him.

$ 293. Inheritance, sole or in common.-. When there is but one person entitled to inherit, he shall take and hold the inherit. ance solely ; when an inheritance or a share of an inheritance de. scends to several persons they shall take as tenants in common, in proportion to their respective rights.

$ 294. Alienism of ancestor.-A person capable of inheriting under the provisions of this article, shall not be precluded from such inheritance by reason of the alienism of an ancestor.

$ 295. Advancements.--If a child of an intestate shall have been advanced by him, by settlement or portion, real or personal property, the value thereof must be reckoned for the purposes of descent and distribution as part of the real and personal property of the intestate descendible to his heirs and to be distributed to his next of kin; and if such advancement be equal to or greater than the amount of the share which such child would be entitled to receive of the estate of the deceased, such child and his descendants shall not share in the estate of the intestate ; but if it be less than such share, such child and his descendants shall receive so much, only, of the personal property, and inherit so much only, of the real property, of the intestate, as shall be sufficient to make all the shares of all the children in the whole property, including the advancement, equal. The value of any real or personal property so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise it must be estimated according to the worth of the property when given. Maintaining or educating a child, or giving him money without a view to a portion or settlement in life is not an advancement. An estate or interest given by a parent to a descendant by virtue of a beneficial power, or of a power in trust, with a right of selection, is an advancement.

$ 296. How advancements adjusted.—When an advancement to be adjusted consisted of real property, the adjustment must be made out of the real property descendible to the heirs. When

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it consisted of personal property, the adjustment must be made out of the surplus of personal property to be distributed to the next of kin. If either species of property is insufficient to enable the adjustment to be fully made, the deficiency must be adjusted out of the other.

ARTICLE X.

LAWS REPEALED ; WHEN TO TAKE EFFECT.

SECTION 300. Laws repealed.

301. When to take effect.

$ 300. Laws repealed.-Of the laws enumerated in the sched. ule hereto annexed, that portion specified in the last column is repealed.

$ 301. When to take effect. This chapter shall take effect on October 1, 1896.

SCHEDULE OF LAWS REPEALED.

Revised Statutes, part II, chapters 1, 2, 3.. All, except SS 5, 6,

7 of tit. I of ch.
I, and $ 63, tit.

II, ch. I.
Revised Statutes, part II, chapter 7, title I.. All.
LAWS OF
Chapter

Sections. 1798...

72......

All. 1802..

49...

All 1804

109...

26. 1805...

25...

All. 1807

123...

2. 175...

All. 1819..

25.

All 1829..

222...

All. 1830..

171...

All. 1834.

272...

All. 1835

275

All. 1839...

295...

5. 1843

87...

All. 1843

199..

All. 1843.

210...

5.

1808...

.

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1860... 1860... 1863.. 1865... 1868.. 1870... 1872.. 1872.... 1872... 1874. 1875 1875.. 1875 1877. 1879. 1880.... 1880... 1880.. 1882. 1883.. 1884.. 1886.. 1888.. 1889.. 1890.... 1890.. 1891. 1891.... 1891. 1892.. 1892.. 1893....

Schedule of Laws Repealed.

Chapter

rog...
IIO..
115....
195...
547..
576...
259
322...
345 ..
396..
246...
421...
513..

208...

120..

141...
358.....
261.

38.
336.....
545
III..
249.
300...
115...
530.
275....

80...
26.
257 ..
246..
42...

61.....
475..
100.
172....
209...
208..
616.
123..

Sections. All. All All. All. All. All AU All. All. All. All. All. All All All All. All. All. All. All. All. All. All All. All. All. All. All. All. All All All. All. All All. All. All. All. All. All.

LAWS OF 1893..... 1893 1893. 1894. 1894..... 1895. 1895..

Schedule of Laws Repealed.

Chapter

182..
207 ..
599..
315...
729....
525..
886......

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