¶1Our statute of February 3, 1789,(1) enacts, that “where there are no children or child of the intestate, “the inheritance shall descend equally to the next of kin, “ in equal degree, and those who represent them. No person “ to be admitted as a legal representative of collaterals be- “ yond the degree of brothers’ and sisters’ children.” , It is very clear that the children of the deceased aunt take nothing in this case. They are beyond the degree of brothers’ and sisters’ children. 1 Pierre Williams 593, Bowers vs. Littlewood.— Lovelass on Wills 77. It is equally clear, that the uncles and aunts on the mother’s side are in this case as well entitled to a share as those on the father’s side. Our statute of descents is copied, in substance, from the English statute of distributions ;(2)and we never look to the source whence the estate was derived, to determine who shall inherit, except in cases where our statute has made that circumstance material. 1 P. Williams 53.—Lovelass on Wills 80. We are therefore of opinion, that the petitioner is entitled to two-eighth parts of the land.
2 N.H. 460
Parker v. Nims
Superior Court of New Hampshire
Decided May 15, 1822
Superior Court of New Hampshire · decided 1822-05-15
A. died seized in fee of land, which had descended to him from his father, leaving uncles and aunts on his father’s and on bis mother’s side, who were the next of kin, and also children of a deceased aunt — It was held that the land descended in equal shares to the uncles and aunts on both sides, but nothing descended to the children of the deceased aunt This was a petition for partition of certain real estate, in •which the petitioner alleged that he was seized of two…
Good law ✅— No negative treatment on recordhow we know
Decided 1822-05-15
How this case has been cited
Cited by 5 later decisions — most recently June 1988
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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