DISTRESS INFINITE. In English Practice. A process commanding the sheriff to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge to enforce the performance of something due from the party distramed upon. In this case no distress can be im moderate, because, whatever its value may be, it cannot be sold, but is to be immediately restored on satisfaction being made. 3 Black. stone, Comm. 231. It was the means an ciently resorted to to compel an appearance.
See ATTACHMENT ; ARREST.
DIaTRIBUTION. In Practice. The division by order of the court having author ity, among those entitled thereto, of the resi due of the personal estate of an intestate, after payment of the debts and charges.
The term sometimes denotes the division of a re sidue of both real and personal estate, and also the division of an estate according to the terms of a will.
2. The title to real estate vests in the heirs by the death of the owner; the legal title to personal estate, by such death, vests in the executor or administrator, and is transferred to the persons beneficially interested, by the distribution. 4 Conn. 347.
The law of the domicil of the decedent governs in the distribution of his personal estate, unless otherwise provided by statute. See Domicil.; CON FLICT OF Laws. In Alabama, Arkansas, Califor nia, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, Ohio, Pennsylvania, South Carolina, Texas, and Vermont, the rules for the distribution of personal property are, by sta tute, the same as those of the descent of real es tate, where no distinction is made between real estate ancestral and non-ancestral, and, where such distinction is made, of real estate non-ances tral. Ala. Code, 0 1572; Ark. Dig. Stat. (1848) 441; Wood, Cal. Dig. 2359; Conn. Comp. Stat. (1854) 499,'0 46; Thompson, Fla. Dig. 191; Cobb, New Dig. Ga. Laws, 241; Ill. Rev. Stat. (1858) 1199; 1 Ind. Rev. Stat. 248; Iowa Stat. (1858) 96; Mich. Comp. Laws, 876; Miss. Rev. Stat. 452; Minn. Stat. (1850) c. 42, 0 8; 1 Mo. Rev. Stat. 659; Swan, Ohio Rev. Stat. (1854) 322; Purdon, Dig. Penn. Laws (1856), 452; 5 Cooper, So. C. Stat. 162; Tex. Stat. (1859) 90; Vt. Comp. Stat. (1850) 364.
3. The rule is substantially the same, also, in Kentucky, Maine, and Wisconsin. Me. Rev. Stat. (1856) c. 5, 0 8; 1 Ky. Rev. Stat. (1860) 423; Wise. Rev. Stat. (1858) 587. See DESCENT.
Is Delaware, by statute, the residue of the estate of a deceased person, after the payment of all legal demands and charges, must be distributed to and among the children of the intestate and the lawful issue of such children who may have died before the intestate. If there be none such, then to and among the brothers and sisters of the intestate of the whole blood, and the lawful issue of such of them as may have died before the intestate. If there be none such, then to the father of the intes tate, or, if he be dead, to the mother. If they be both dead, then to and among the next of kin to the intestate, in equal degrees, and to lawful issue of such kin as shall have died before the intestate. Provided that if the intestate be a married woman at the time of her death, her husband shall be en titled to the whole residue, or, if the intestate leave a widow, she shall be entitled absolutely, if there be issue of the intestate, to one-third part of such residue; or if there be no such issue, but brothers, sisters, or other kin, to one-half part snob residue; 'or, if there be no kin to the intestate, to the whole of such residue.
4. Distribution among children, brothers, or other kin in equal degree, must be in equal por tions; but the issue of such of them as shall have died before the intestate shall take according to stooks, by right of representation ; and this rule holds although the distribution be entirely among such issue. Del. Laws (1852), 304.
In Maryland, it is provided that when all the debts of an intestate, exhibited and proved, or no tified and not barred, shall have been discharged, or settled and allowed to be retained, as herein di rected, the administrator shall proceed to make distribution of the surplus as follows. If the intes tate leave a widow, and no child, parent, grandchild, brother, or sister, or the child of a brother or sister, of the said intestate, the said widow shall be en titled to the whole. If there be a widow and a child or children, or a descendant or descendants from a child, the widow shall have one-third only. If there be a widow and no child, or descendants, of the intestate, but the said intestate shall leave a father, or mother, or brother, or sister, or child of a brother or sister, the widow shall have one-half. The surplus, exclusive of the widow's share, or the whole surplus, if there be no widow, shall go as follows.