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91-1-1. What law to govern.
All personal property situated in this state shall descend and be
distributed according to the laws of this state regulating the descent and
distribution of such property, regardless of all marital rights which may
have accrued in other states, and notwithstanding the domicile of the
deceased may have been in another state, and whether the heirs or persons
entitled to distribution be in this state or not. The widow of such deceased
person shall take her share in the personal estate according to the laws of
this state.
91-1-3. Descent of land.
When any person shall die seized of any estate of inheritance in lands,
tenements, and hereditaments not devised, the same shall descend to his or
her children, and their descendants, in equal parts, the descendants of the
deceased child or grandchild to take the share of the deceased parent in
equal parts among them. When there shall not be a child or children of the
intestate nor descendants of such children, then to the brothers and sisters
and father and mother of the intestate and the descendants of such brothers
and sisters in equal parts, the descendants of a sister or brother of the
intestate to have in equal parts among them their deceased parent's share.
If there shall not be a child or children of the intestate, or
descendants of such children, or brothers or sisters, or descendants of
them, or father or mother, then such estate shall descend, in equal parts,
to the grandparents and uncles and aunts, if any there be; otherwise, such
estate shall descend in equal parts to the next of kin of the intestate in
equal degree, computing by the rules of the civil law. There shall not be
any representation among collaterals, except among the descendants of the
brothers and sisters of the intestate. |
91-1-5. Half-bloods.
There shall not be, in any case, a distinction between the kindred of the
whole and half-blood, except that the kindred of the whole-blood, in equal
degree, shall be preferred to the kindred of the half-blood in the same
degree.
91-1-7. Descent of property as between
husband and wife.
If a husband die intestate and do not leave children or descendants of
children, his widow shall be entitled to his entire estate, real and
personal, in fee simple, after payment of his debts; but where the deceased
husband shall leave a child or children by that or a former marriage, or
descendants of such child or children, his widow shall have a child's part
of his estate, in either case in fee simple. If a married woman die owning
any real or personal estate not disposed of, it shall descend to her husband
and her children or their descendants if she have any surviving her, either
by a former husband or by the surviving husband, in equal parts, according
to the rules of descent. If she have children and there also be descendants
of other children who have died before the mother, the descendants shall
inherit the share to which the parent would have been entitled if living, as
coheirs with the surviving children. If she have no children or descendants
of them, then the husband shall inherit all of her property.
91-1-11. Personal estate to descend as real estate.
When any person shall die possessed of goods and chattels or personal estate
not bequeathed, the same shall descend to and be distributed among his or
her heirs in the same manner that real estate not devised descends.
91-1-13. Estate of testator not disposed of by will to descend.
All estate, real and personal, not devised or bequeathed in the last will
and testament of any person shall descend and be distributed in the same
manner as the estate of an intestate; and the executor or administrator
shall administer the same accordingly.
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