Indian Territory Reports; Cases Determined in the United States Court of Appeals for the Indian Territory

Indian Territory Reports; Cases Determined in the United States Court of Appeals for the Indian Territory

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: the surviving parent; and if both parents be dead, it shall be disposed of in the same manner as if they or either of them, had outlived the intestate and died in the possession and ownership of the portion thus falling to their share or to either of them, and so on through ascending ancestors and their issue. " (2266) 28. All the provisions hereinbefore made in relation to the widow of a deceased husband, shall be applicable to the husband of a deceased wife. Each is entitled to the same rights or portion in the estate of the other, 'and like interest shall in the same manner descend to their respective heirs. The estate of dower and by curtesy are abolished. _ "(2267) 29. Children of the half blood shall inherit equally with children of the whole blood. Children of adeceased parent inherit in equal proportions the portion their father or mother would have inherited, if living." The question is as to the proper construction of the foregoing statutes, so far as they apply to the facts in this case. The assignments of error can be considered together. The court below having found for the defendant, the appellants present the single question involved, in a double aspect, as follows: "Did the defendant, under the facts, inherit the half interest in the property of the deceased which is claimed by the plaintiffs? To put it in another way, Edith Abner died intestate, leaving surviving her no husband nor descendants; and, both her parents being dead at the time of her dgath, did her halfbrother by a common father take all of the real property she died seised of, or only an undivided one-half thereof?" It seems to be conceded that the supreme court of Kansas has not directly passed upon the question...
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236811038
  • 9781236811035