| 词汇 | Descent2 |
| 释义 | `1`Descent2 `2` "Legal Lexicon": When the intestate dies without issue or parents, the estate descends to his brothers and sisters and their representatives. When there are such relations, all of equal degree of consanguinity to the intestate, the inheritance descends to them in equal parts, however remote from the intestate the common degree of consanguinity may be. When all the heirs are brothers and sisters, or nephews and nieces, they take equally. When some are dead who leave issue, and some are living, then those who are living take the share they would have taken if all had been living, and the descendants of those who are dead inherit only the share which their immediate parents would have received if living. When the direct lineal descendants stand in equal degrees, they take per capita, each one full share; when, on the contrary, they stand in different degrees of consanguinity to the common ancestor, they take per stirpes, by roots, by right of representation. It is nearly a general rule that the ascending line, after parents, is postponed to the collateral line of brothers and sisters. Considerable difference exists in the laws of the several states, when the next of kin are nephews and nieces, and uncles and aunts claim as standing in the same degree. In many of the states, all these relations take equally as being next of kin, on the contrary, nephews and nieces take in exclusion of uncles and aunts, though they be of equal degree of consanguinity to the intestate. A general rule in the American law of descent is that when the intestate has left no lineal descendants, nor parents, brothers, sisters or their descendants, that the grandfather takes the estate before uncles and aunts as being nearest of kin to the intestate. When the intestate dies leaving no lineal descendants, nor parents, brothers, sisters or any of their descendants, nor grand parents, as a general rule it is presumed the inheritance descends to the brothers and sisters of both the intestate's parents, and to their descendants, equally. When they all stand in equal degree to the intestate, they take per capita, and when in unequal degree, per stirpes. To this general rule, however, there are sligbt variations in some of the states. When the inheritance came to the intestate on the part of the father, then the brothers and sisters of the father and their descendant's shall have the preference and, in default of them, the estate shall descend to the brothers and sisters of the mother, and their descendants and where the inheritance comes to the intestate on the part of his mother, then her brothers and sisters and their descendants, have a preference, and in default of them, the brothers and sisters on the side of the father and their descendants, inherit. When there is a failure of heirs under the preceding rules, the inheritance descends to the remaining next of kin of the intestate, according to the rules in the statute of distribution of the personal estate, subject to the doctrine in the preceding rules in the different states as to the half blood, to ancestral estates, and to the equality of distribution. This rule prevails in several states, subject to some peculiarities in the local laws of descent, which extend to this rule. --b-- |
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