Sec. 38. PERSONS WHO TAKE UPON INTESTACY.
(a) Intestate Leaving No Husband or Wife.
Where any person, having title to any estate, real, personal or mixed, shall
die intestate, leaving no husband or wife, it shall descend and pass in
parcenary to his kindred, male and female, in the following course:
1. To his children and their descendants.
2. If there be no children nor their descendants, then to his father and
mother, in equal portions. But if only the father or mother survive the
intestate, then his estate shall be divided into two equal portions, one of
which shall pass to such survivor, and the other half shall pass to the
brothers and sisters of the deceased, and to their descendants; but if there
be none such, then the whole estate shall be inherited by the surviving
father or mother.
3. If there be neither father nor mother, then the whole of such estate
shall pass to the brothers and sisters of the intestate, and to their
4. If there be none of the kindred aforesaid, then the inheritance shall
be divided into two moieties, one of which shall go to the paternal and the
other to the maternal kindred, in the following course: To the grandfather
and grandmother in equal portions, but if only one of these be living, then
the estate shall be divided into two equal parts, one of which shall go to
such survivor, and the other shall go to the descendant or descendants of
such deceased grandfather or grandmother. If there be no such descendants,
then the whole estate shall be inherited by the surviving grandfather or
grandmother. If there be no surviving grandfather or grandmother, then the
whole of such estate shall go to their descendants, and so on without end,
passing in like manner to the nearest lineal ancestors and their
(b) Intestate Leaving Husband or Wife.
Where any person having title to any estate, real, personal or mixed, other
than a community estate, shall die intestate as to such estate, and shall
leave a surviving husband or wife, such estate of such intestate shall
descend and pass as follows:
1. If the deceased have a child or children, or their descendants, the
surviving husband or wife shall take one-third of the personal estate, and
the balance of such personal estate shall go to the child or children of the
deceased and their descendants. The surviving husband or wife shall also be
entitled to an estate for life, in one-third of the land of the intestate,
with remainder to the child or children of the intestate and their
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