5. If there be children and no other descend ant, the surplus shall be divided equally amongst them. If there be a child or children, and a child or children of a deceased child, the child or children of such deceased child shall take such share as his, her, or their deceased parent would, if alive, be en titled to; and every other descendant or other de scendants in existence at the death of the intestate shall stand in the place of his, her, or their deceased ancestor : provided that if any child or descendant shall have been advanced by the intestate by set tlement or portion, the same shall be reckoned in the surplus, and if it be equal or superior to a share, such child or descendant shall be excluded; but the widow shall have no advantage by bringing such advancement into reckoning; and maintenance, or education, or money given without. a view to a por tion or settlement in life, shall net be deemed ad vancement; and in all cases those in equal degree, claiming in the place of an ancestor, shall take equal shares. If there be a father and no child or descendant, the father shall have the whole. If there be a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father of the intestate, the said brother, sister, or child, or descendant of a brother or sister, shall have the whole. Every brother and sister of the intestate shall be entitled to an equal share; and the child or children of a brother or sister of the intestate shall stand in the place of such brother or sister. If the intestate leave a mother and no child, descendant, father, brother, sister, or child or descendant of a brother or sister, the mother shall be entitled to the whole; and in case there be no father, a mother shall have an equal share with the brothers and sisters of the deceased, and their chil dren and descendants.
6. After children, descendants, father, mother, brothers, and sisters of the deceased and their de scendants, all collateral relations in equal degree shall take; and no representation amongst such col laterals shall be allowed ; and there shall be no dis tinction between the whole and half blood. If there be no collaterals, a grandfather may take; and if there be two grandfathers, they shall take alike; and a grandmother, in case of the death of her husband the grandfather, shall take as be might have done. If any person entitled to distribution shall die before the same be made, his or her share shall go to hie or her representatives. Posthumous children of intestates shall take in the same man ner as if they had been born before the decease of the intestate; but no other posthumous relation shall be considered as entitled to distribution in his or her own right. If there he no relations of the intestate within the fifth degree,—whieb degree shall be reckoned by counting down from the com mon ancestor 'to the more remote,—the whole sur plus shall belong to the state, to be applied as tha legislature shall hereafter direct, saving to the dif Lrent schools in this state the rights which, by ex isting laws, they now respectively possess. Dorsey, Md. Laws (1798), 401.
7. In Massachusetts, it is provided that when a person dies possessed of personal estate, or any right or interest therein, nut lawfully disposed of by will, it shall be applied and distributed as fol lows :—First, the widow and minor childre n shall be entitled to such parts thereof as may be allowed to them under the provisions of the statute (e. 96).
Second, the personal estate remaining after such allowance shall be applied to the payment of the debts of the deceased, with the charges of hie fu neral and settling his estate. The residue shall be distributed among the same persons who would be entitled to the real estate under the statutes (e. 91), and in the same proportion as therein described, with the following exceptions. If the intestate was a married woman, her husband is entitled to the whole of the residue. If the intestate leaves a widow and issue, the widow is entitled to one-third part of the residue. If he leaves a widow and no issue, the widow is entitled to the whole of the re sidue to the amount of five thousand dollars, and to one-half of the excess of such residue above ten thousand dollars. If there be no husband, widow, or kindred, the whole escheats to the commonwealth. Mass. Genl. Stat. (1860) 485.
S. In New Jersey, it is provided that the whole surplusage of the goods, chattels, and personal es tate of every person dying intestate shall he distri buted in manner following :—that is to say, one third part of the said surplusage to the widow of the intestate, and all the residue, by equal portions, to an among the children of such intestate and such persons as legally represent such chil dren, in case any of the said children be then dead, other than eueh child or children who shall have any estate by the settlement of the intestate, or shall be advanced by the intestate, in his lifetime, by portion or portions equal to the share which shall by such distribution be allotted to the other children to whom such distribution is to be made; and in case any child shall have any estate by set tlement from the said intestate, or shall be ad vanced by theltsaid intestate, in his lifetime, by portion not equal to the share which will be due to the other children by such distribution as aforesaid, then so much of the surplusage of the estate of such intestate shall be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the lifetime of the intestate, as shall make the estate of all the said children to be equal, as near as can be esti mated. And in case there be no children, nor any legal representatives of them, then one moiety of the said estate shall be allotted to the widow of the said intestate, and the residue of the said estate shall be distributed equally to every of the next of kindred to the intestate who are in equal degree and those who represent them : provided that no representation shall be admitted among collaterals after brothers' and sisters' children. And in ease there be no widow, then all the said estate to be distributed equally to and among the children; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever. I Nixon, N. J. Dig. (1855) 257.