I.
Project Gutenberg EPUB3 edition
Hughes, Thomas Patrick
If there be Sharers, and no Residuaries, the Sharers take all the property by the doctrine of the “Return.” Seven persons are entitled to the Return. 1st, mother; 2nd, grandmother; 3rd, daughter; 4th, son’s daughter; 5th, full sister; 6th, half sister by father; 7th, half brother or sister by mother.
A posthumous child inherits. There is no presumption as to commorients, who are supposed to die at the same time unless there be proof otherwise.
If there be neither Sharers nor Residuaries, the property will go to the following class (Distant Kindred).
III.—DISTANT KINDRED.
Comprising all relatives, who are neither Shares nor Residuaries.
Class 1.
Descendants: Children of daughters and son’s daughters.
1. Daughter’s son.
2. Daughter’s daughter.
3. Son of No. 1.
4. Daughter of No. 1.
5. Son of No. 2.
6. Daughter of No. 2, and so on, how low soever, and whether male or female.
7. Son’s daughter’s son.
8. Son’s daughter’s daughter.
9. Son of No. 7.
10. Daughter of No. 7.
11. Son of No. 8.
12. Daughter of No. 8, and so on, how low soever, and whether male or female.
N.B.—(α)—Distant kindred of the first class take according to proximity of degree; but, when equal in this respect, those who claim through an heir, i.e. sharer or residuary, have a preference over those who claim through one not an heir.
(β)—When the sexes of their ancestors differ, distribution is made having regard to such difference of sex, e.g. daughter of daughter’s son gets a portion double that of son of daughter’s daughter, and when the claimants are equal in degree, but different in sex, males take twice as much as females.
Class 2.
Ascendants: False grandfathers and false grandmothers.
13. Maternal grandfather.
14. Father of No. 13, father of No. 14, and so on, how high soever (i.e. all false grandfathers).
15. Maternal grandfather’s mother.
16. Mother of No. 15, and so on, how high soever (i.e. all false grandmothers).
N.B.—Rules (α) and (β), applicable to class 1, apply also to class 2. Further (γ) when the sides of relation differ, the claimant by the paternal side gets twice as much as the claimant by the maternal side.
Class 3.
Parents’ Descendants.
17. Full brother’s daughter and her descendants.
18. Full sister’s son.
19. Full sister’s daughters and their descendants, how low soever.
20. Daughter of half brother by father, and her descendants.
21. Son of half sister by father.
22. Daughter of half sister by father, and their descendants, how low soever.
23. Son of half brother by mother.
24. Daughter of half brother by mother and their descendants, how low soever.
25. Son of half sister by mother.
26. Daughter of half sister by mother, and their descendants, how low soever.