|
|
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
descendants.
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
descendants.
(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
descendants. |
|
2. If the deceased have no child or children, or
their descendants, then the surviving husband or wife shall be entitled to
all the personal estate, and to one-half of the lands of the intestate,
without remainder to any person, and the other half shall pass and be
inherited according to the rules of descent and distribution; provided,
however, that if the deceased has neither surviving father nor mother nor
surviving brothers or sisters, or their descendants, then the surviving
husband or wife shall be entitled to the whole of the estate of such
intestate.
Sec. 41. MATTERS AFFECTING AND NOT AFFECTING
THE RIGHT TO INHERIT.
(b) Heirs of Whole and Half Blood.
In situations where the inheritance passes to
the collateral kindred of the intestate, if part of such collateral be of
the whole blood, and the other part be of the half blood only, of the
intestate, each of those of half blood shall inherit only half so much as
each of those of the whole blood; but if all be of the half blood, they
shall have whole portions.
Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION.
When the intestate's children, descendants, brothers, sisters, uncles,
aunts, or any other relatives of the deceased standing in the first or same
degree alone come into the distribution upon intestacy, they shall take per
capita, namely: by persons; and, when a part of them being dead and a part
living, the descendants of those dead shall have right to distribution upon
intestacy, such descendants shall inherit only such portion of said property
as the parent through whom they inherit would be entitled to if alive.
Sec. 45. COMMUNITY ESTATE.
(a) On the intestate death of one of the spouses to a marriage, the
community property estate of the deceased spouse passes to the surviving
spouse if:
(1) no child or other descendant of the deceased spouse survives the
deceased spouse; or
(2) all surviving children and descendants of the deceased spouse are also
children or descendants of the surviving spouse.
(b) On the intestate death of one of the spouses to a marriage, if a child
or other descendant of the deceased spouse survives the deceased spouse and
the child or descendant is not a child or descendant of the surviving
spouse, one-half of the community estate is retained by the surviving spouse
and the other one-half passes to the children or descendants of the deceased
spouse. The descendants shall inherit only such portion of said property to
which they would be entitled under Section 43 of this code. In every case,
the community estate passes charged with the debts against it.
|
|
