64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die
intestate as to such estate, it shall descend and pass in parcenary to such
of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate is
survived by children or their descendants, one or more of whom are not
children or their descendants of the surviving spouse, in which case
two-thirds of such estate shall pass to all the intestate's children and
their descendants and the remaining one-third of such estate shall pass to
the intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all the
intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the
Fourth. If there be none such,
then to his or her brothers and sisters, and their descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, the
other to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and their
Eighth. If there be none such, then to the great grandfathers or great
grandfather, and great grandmothers or great grandmother.
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