52-4-101. Rule of descent; generally; dower
and curtesy abolished.
(a) Whenever any person having title to any real or personal property having
the nature or legal character of real estate or personal estate undisposed
of, and not otherwise limited by marriage settlement, dies intestate, the
estate shall descend and be distributed in parcenary to his kindred, male
and female, subject to the payment of his debts, in the following course and
(i) If the intestate leaves husband or wife
and children, or the descendents of any children surviving, one-half (1/2)
of the estate shall descend to the surviving husband or wife, and the
residue thereof to the surviving children and descendents of children, as
(ii) If the intestate leaves husband or wife and no child nor descendents of
any child, then the real and personal estate of the intestate shall descend
and vest in the surviving husband or wife.
(b) Dower and the tenancy by the curtesy are abolished and neither husband
nor wife shall have any share in the estate of the other dying intestate,
save as herein provided.
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