9. In New York, it is provided that where the deceased shall have died intestate, the surplus of his personal estate remaining after payment of debts, and, where the deceased left a will, the Sur plus remaining after the payment of debts and legacies, if not bequeathed, shall be distributed to the widow, children, or next of kin to the deoeased, in manner following. One-third part thereof to the widow, and all the residue by equal portions among the children, and such persons as legally represent such children, if any of them shall have died before the deceased; if there bo ne children, nor any legal representatives of them, then one moiety of the whole surplus shall be allotted to the widow, and the other moiety shall be dietri buted to the next of kin of the deoeased, entitled under the provisions of this section; if the de ceased leave a widow, and no descendant, parent, brother or sister, nephew or niece, the widow shall be entitled to the whole surplus; but if there be a brother or sister, nephew or niece, and no descend ant or parent, the widow shall be entitled to a moiety of the surplus as above provided, and to the whole of the residue where it does not ex ceed two thousand dollars; if the residue exceed that sum, she shall receive, in addition to her moiety, two thousand dollars, and the remainder shall be distributed to the brothers and sisters and their representatives. In case there be no widow and no children, and no representatives of a child, then the whole surplus shall be distributed to the next of kin in equal degree to the deceased, and the legal representatives. If there be no widow, then the whole surplus shall be distributed equally to and among the children and such as legally re present them. If the deceased shall leave no chil dren and no representative of them, and no father, and shall leave a widow and a mother, the moiety not distributed to the widow shall be distributed in equal shares to his mother and brothers and sis ters, or the representatives of such brothers and sisters; and if there he no widow, the whole sur plus shall be distributed in like manner to the mother and to the brothers and sisters, or the re presentatives of such brothers and sisters.
10. If the deceased leave a father and no child or descendant, the father shall'take a moiety if there be a widow, and the whole if there be no widow. If the deceased leave a mother and no child, descendant, father, brother, sister, or repre sentative of a brother or sister, the mother, if there be a widow, shall take a moiety, and the whole if there be no widow. And if the deceased shall have been an illegitimate, and have left a mother and no child or descendant or widow, such mother shall take the whole, and shall be entitled to letters of administration in exclusion of all other persons, in pursuance of the provisions of this chapter. And if the mother of such deceased shall be deed, the relatives of the deceased on the part of the mother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order. 11 here the descendants or next of kin to the deceased, en titled to share in his estate, shall he all in equal degree to the deceased, their shares shall be equal. When such descendants or next of kin shall be of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto accord ing to their respective stocks, so that those who take in their own right shall receive equal shares, and those who take by representation shall receive the share to which the parent whom they repre sent, if living, would have been entitled. No re
presentation shall be admitted among cellaterals after brothers' and sisters' children. Relatives of the half-blood shall take equally with those of the whole blood in the same degree; and the repre sentatives of such relation shall take in the same manner as representatives of the whole blood. Desoendants and next of kin of the deoeaeed be gotten before his death, but born thereafter, take in the same manner as if they had been beret in the lifetime of the deceased and had survived him. 3 N. Y. Rev. Stat. 5th ed. 239.
11. In North Carolina, it is provided that every administrator shall distribute the surplus of the estate of his intestate in the manner following, namely. If there are not more than two children, one-third part to the widow of the intestate, and all the residue by equal portions to and among the children of the intestate, and such persons as le gally represent such children as may then be dead. If there are more than two children, then the widow shall share equally with all the children, and be entitled to a child's part. If there be no child nor legal representative of a deceased child, then one half of the estate shall be allotted to the widow, and the residue be distributed equally to every of the next of kin to the intestate who are in equal degree, and to those who legally represent them. If there be no widow, the estate shall be distri buted, by equal portions, among all the children, and such persons as legally represent such children as may be dead. If there be neither widow nor children, nor any legal representative of children, the estate shall be distributed equally to every of the next of kin of the intestate who are in equal degree, and to those who legally represent them. But if, after the death of the father, and in the lifetime of the mother, any of his children shall die intestate, without wife or children, every brother and sister, and the representatives of them, shall have an equal share with the mother of the de ceased child. No. C. Rev. Stat. (1855) 369.
12. In Oregon, it is provided that when any person shall die possessed of any personal estate, or of any right or interest therein, not lawfully disposed of by his last will, the same shall be ap plied and distributed as follows. The widow, if any, shall be allowed all articles of her apparel or ornament, according to the degree and estate of her husband, and such provisions and other neces saries for the use of herself and the family under her care, as shall be allowed and ordered in pur suance of the provisions of this act; and this al lowance shall be made as well where the widow waives the provision made for her in the will of her husband, as when he dies intestate. The per sonal estate remaining after such allowance shall he applied to the payment of the debts of the de ceased, with the charges for his funeral and the settling of the estate. The residue, if any, of the personal estate shall be distributed among the same persons as would be entitled to the real estate by this act, and in the same proportion as there prescribed, excepting as is hereinfurther provided. If the in testate were a married woman, her husband shall be entitled to the whole of the said residue of the personal estate. If the intestate leave a widow and issue, the widow shall be entitled to one-half of the said residue. If there be no issue, the widow shall be entitled to the whole of said resi due. If there he no husband, widow, or kindred of the intestate, the whole shall escheat to the ter ritory [state]. Oreg. Rev. Stat. (1855) 382.