Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 140
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. 1895 edition. Excerpt: ...and sisters in the general sense of the law, it is impossible to doubt the title in this case. The statement of the proposition carries its own answer. Brothers and sisters of the half blood are recognized by law as of kin in the degree of brothers and sisters, and as the act contains no qualification as to whole or half blood, the words must be taken in their common and usual sense.' The same case was afterwards taken to the Supreme Court of the llnited States where the plaintiff had judgment. 2 Pet. R. 58. "In the case of Sheffield v. Lovering, 12 Mass. 490, the same determination was made. By a statute of Massachusetts for the settlement and distribution of intestate's estates, it was enacted that the real estate of the intestate, when he shall leave no issue, shall descend to his father; if no issue nor father, it shall descend in equal shares to his mother, if any, and to his brothers and sisters; if no issue, father, brother, nor sister, it shall descend to his mother if any; but if no mother then to his next of kin in equal degree. "The plaintiff demanded one-fifth of the estate of which the intestate, Mary Marsh, died seized, and the question before the court was, whether a brother or sister of the half blood could claim as heir to Mary Marsh, or whether the whole of her estate descended to her mother? The court admits that this could not be made a question at the common law, but say that the rules governing the descent and distribution of real andpersonal estate, have generally been alike in their courts, depending wholly on the statutes of that commonwealth. The judicial construction of the English statute of distribution was adopted by the court, and judgment given for the demandant. "From the...
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- 13 Sep 2013
- United States
- Illustrations, black and white