Lawgist44Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.
Illustration
A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each takes one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them.
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- 41 Rules of distribution where intestate has left no lineal descendants
- 42 Where intestate’s father living
- 43 Where intestate’s father dead, but his mother, brothers and sisters living
- 44 Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- 45 Where intestate’s father dead and his mother and children of any deceased brother or sister living
- 46 Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece
- 47 Where intestate has left neither lineal descendant, nor father, nor mother
- 48 Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- 49 Children’s advancements not brought into hotchpot
