33-1-1 Real estate descending by intestacy to
children or descendants, parents, or brothers and sisters.
Whenever any person having title to any real estate of inheritance shall die
intestate as to such estate, it shall descend and pass in equal portions to
his or her kindred, in the following course:
(1) First to his children or their descendants, if there are any.
(2) Second if there be no children nor their descendants, then to the
parents in equal shares, or to the surviving parent of such intestate.
(3) Third if there is no parent, then to the brothers and sisters of the
intestate, and their descendants.
33-1-2 Descent of real estate to paternal or maternal kindred.
If there is no parent, nor brother, nor sister, nor their descendants, the
inheritance shall go in equal moieties to the paternal and maternal kindred,
each in the following course: (1) First to the grandparents, in equal
shares, if any there be. (2) Second if there be no grandparent, then to the
uncles and aunts, or their descendants by representation, or such of them as
there be. (3) Third if there be no grandparent, nor uncle, nor aunt, nor
their descendants, then to the great grandparents in equal shares, if any
there be. (4) Fourth if there be no great grandparent, then to the great
uncles and great aunts or their descendants by representation, or such of
them as there be; and so on, in other cases, without end, passing to the
nearest lineal ancestors and their descendants or such of them as there be.
33-1-3 Descent when no paternal or maternal kindred survive.
When in this chapter the inheritance is directed to go by moieties to the
paternal and maternal kindred, if there are no such kindred on the one part,
the whole shall go to the other part; and if there are no kindred either on
the one part or the other the whole shall go to the husband or wife of the
intestate, and if the husband or wife is dead, it shall go to his or her
kindred in the like course as if such husband or wife had survived the
intestate and then died entitled to the estate.
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