DESCENT AND DISTRIBUTION. The di vision among those legally entitled thereto of the real and personal property of intes tates, the term descent being applied to the former and distribution to the latter. De scent is the devolution of real property to the heir or heirs of one who dies intestate; the transmission by succession or inherit ance.
Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as his heir at law. 2 Ma. Com. 201; Com. Dig. Descent.
It was one of the principles of the feudal system that on the death of the tenant in fee the land should descend, and not ascend. Hence the, title by inheritance is in all cases called descent, although by statute law the title is sometimes made to ascend.
The English doctrine of primogeniture, by which by the common law the eldest son takes the whole real estate, has been uni versally abolished in this country. So, with few exceptions, has been the distinction be tween male female heirs.
The rules of descent are applicable only to real estates of inheritance. Estates for the life of the deceased, of course, terminate on his death; estates for the life of another are governed by peculiar rules.
Distribution is the division by order of the court or legal representative having au thority, among those entitled thereto, of the residue of the personal estate of an intes tate, after of the debts and charges.
The term is sometimes used to denote the division of a residue of both real and per sonal estate, and also the division of an es tate according to the terms of a will, but nei ther use is accurate, the term being tech nically applied only to personal estate.
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 transfer red to the persons beneficially interested, by the distribution; Roorbach v. Lord, 4 Conn. 347.
Terms of years, and other estates less than freehold, are regarded as personal estate, and, on the death of the owner, vest in his executor or administrator.
The rules of descent and distribution are prescribed by the statute laws of the several states; and, although they correspond in some respects, it Is doubtful whether in any two they are precisely alike.
As to the right of a murderer to take by descent from his victim, see MURDER. And see, generally, NEXT OF KIN; KINDRED; HEIR; EXECUTORS AND ADMINISTRATORS.