' In New York, the real estate of an intestate de scends-I. To his lineal descendants. 2. To his father. 3. To his Mother. 4. To his collateral relatives. Subject, however, to, these rules: (1) Li neal descendants, being in equal degree, ,take in equal parts; (2) If any of the children of the in testate are living and others are dead, leaving issue, such issue take by representation; (3) The preced ing rule applies to all descendants of unequal de grees: so that those who are in the nearest degree of; consanguinity take the share which would have dsteended to them had all the descendants in the same degree been living, and the children in each degree take the share of their parents; (4) If there be no descendants, but the father be living, he takes the whole, unless the inheritance came to the intes tate on the part of his mother, and the mother be living ; but if she he dead, then the inheritance descending on her part gees to the father for life, and the 'reversion to the brothers enctaisters of the intestate and their descendants; but if there be none living, then to the father in fee. 5. if there be no descendants and no father, or a father not entitled to take as above, then the inheritance +mends to the mother for life, and the reversion to the brothers and sisters of theintastiffe nail their descendants, by representation ; but if there he none such, then to the Mother in fee. 6. II there be no father or mother copable'of inheriting the estate, it descends, in the eases hereafter specified, to the collateral relatives,-in equal parts if they are of equal degree, however remote from the intestate. 7. If all the brothers and sisters of the 'inn state be living, the inheritance descends to them ; but if acme be dead,leaving issue, the issue take by right of representation ; and the same rule applies to all the direct lineal descendants of brothers and sisters, to the remotest degree. 8. If there be no heirs en titled tetake under either of the preceding sections, the inheritance, if the same shall have come to the intestate on thepart of his father, shall des, end-L`. (1) to the brothers and sisters of the father of the intestate in equal shares, if all he living; (2) if some be living and others dead, leaving issue, then according to the right of representation ; (3) if all the brothers end sisters are dead, then to their de scendants. In all cases the inheritance is to descend in the same manner as if all 'shah brothers and sisters had been brothers and sisters of the intes tate. 9. II them be ne brothels and sisters, no• descendants of such. of the father's side, then the inheritance goes to the brothers and sinters of the mother and their descendants, in the seine manned. 10. Where the int eritance has come to the intestate cn the part of his mother, the same descends to the brothers and sisters of the mother and to their de scendants; and if there be no such.'to those of the father, as before prescribed. 11. If the inheritonce has not come to the intestate on the port of either father or xistother,'it descends to co/laterals on both sided, in equal shares. 12. Relatives of the half blood inherit equally with the whole hlood, unless the inheritance came to the intestate by t eEcent, devise, or gift of some one of his ancestors,-in which ease none inherit who are not Of the blood of that ancestor. 13. In all cases not otherwise provided for, the inheritance descends according to the course of the common law. 14: Real estate held in trust for any other person, if not devised by the person for whose use it is held, descends to his hell*, according to the preceding rules. 2 N. Y. Rev. Stat. 4th ed. pp. 157-161.
In North Carolina, when any person dies seised of any inheritance, or of any right thereto, or ed titled to any interest therein, it descends according to the following Jules InhelitOnces lineally descend to the issue of the person who died laEt seised, but do not lineally ascend, except as here inafter stated. 2. Females inherit equally with males, and younger with older children. 3. Linea descendants represent their ancestor. 4. On failure of lineal descendants,' where the inheritance has been transmitted by descent or otherwise from an ancestor to whom the intestate was an heir, it goes to the next collateral relations of the blood of that ancestor, subject in the two preceding rules. 5. When the inheritance is not so derived, or the blood of such ancestor is extinct, then it goes to the next collateral relntion of the person last seised, whether of the paternal or maternal line. subjedi
to the same rules. '6. Collateral relations of the half-blood inherit equally, with those of the whole blood, and the degrees of are compute:II according to the rules which prevail in descents at common law : provided that if there be no' issoke, nor brother, nor sister, nor issue of such„,the heritanee vests in the father, if living, and if not, then in the mother, if living. 7. If there be no heirs, the widow is deemed such, and inherits. .8. An estate for the life of another ie deemed an inheritance; and a person is deemed to have been seised, if he had any right, title, or interest in the inheritance. No. C. Rev. Code, 1854, c. 38, p. 248.
In Ohio, when any person dies intestate, having title or right to any real estate of inheritance which came to him by devise or deed of gift from any an cestor, such estate descends-1. To the children, or their repiesentatives. 2. To the husband or wife, relict of the intestate, during his or her natural life. 3. To the brothers and sisters of the intestate of the blood of the ancestor, whether of the whole or half blood, or their representatives. 4. To the ancestor from whom the estate name by deed or gift, if living. 5. To the brothers and sisters of such ancestor, or their representatives; and if there be no stich, then to the brothers and sisters of the in testate of the half-blood and their representatives, though not of the blood of the ancestor from whom the estate came. 6. To the next of kin to the in testate, of the blood of the ancestor from whom the estate came. 7. If the estate came not by descent, devise, or deed of gift, it descends as follows : (1) To the children of the intestate and their repre sentatives; (2) To the husband or wife of the in testate ; (3) To the brothers and sisters of the whole blood and their representatives ; (4) To brothers and 'sisters of the half-blood and their legal represent atives; (5) To the father, or, if the father be dead, to the mother ; (6) To the next of kin to and of the blood of the intestate. 8. If thLsre ha no kindred, then to the surviving husband or wife as an estate of inheritance; and if there he no such relict, it escheats to the state. Rev. Stat. 1860, c. 36, 1-3.
In Oregon, the rules of descent are the same as in Massachusetts, except that in Oregon it is pro vided that if the intestate leave no issue, nor father, and no brother nor sister, living at his death, the notate shall descend to his mother to the exclusion of the issue of his deceased brothers or sisters; and there is no provision, as there is in Massa chusetts, that in default of kindred the estate shall descend to the surviving husband or wife, if any. Oreg. Stat. c. 11, p. 379.
In Pennsylvania, real estate descends-1. To children and their descendants ; equally, if they are all in the same degree; if not, then by repre sentation, the issue in every case taking only such share as would have descended to the parent, if living. 2. In default of issue. then to the father and mother &ring their joint lives and the life of the survivor of them ; and after them to the brothers and sisters of the intestate of the whole blood, and their children by representation. 3. If there he none of these, then to the next of kin, being the descendants of brothers and sisters of the whole blood. 4. If none of these, to the father and mother, if living, or the survivor of them, in fee. 5. In default of these, to the brothers and sisters of the half-blood and their children by re presentation. 6. In default of all persons above described, then to the next of kin of the intestate. 7. Before the act of 27th April, 1855, no representa tion among eallaterals was allowed after brothers' and sisters' children; hut by that act it was per mitted to, the grandchildren of brothers and sisters, and the children of uncles and aunts. 8. No per son can inherit an estate unless he is of the blood of the ancestor from whom it descended, or by whom it was given or devised to the intestate. 9. In default of known heirs or kindred, the estate is vested in the surviving husband or wife. 10. In default of these it escheats to the state. Purdon, Pig. Penn. Laws, ed. 1857, pp. 452, 1129 ; 9th ed. 1861, p. 562.