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45 Me. 113

Doane v. Freeman

Supreme Judicial Court of Maine

Decided July 1, 1858

Supreme Judicial Court of Maine · decided 1858-07-01

<p>Under our present laws, if one die intestate, and, at the time of his death, the next of kin living are nephews and nieces, the children of a deceased nephew of the intestate take, by representation, the share of the intestate’s estate, to which their parent would he entitled, if alive.</p>

Cited by 1 later decisions — most recently December 1887

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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¶1The opinion of the Court was drawn up by

Hathaway, J.

¶2The brothers and sisters of Lydia Buckley, if living, at the time of her decease, would have inherited her estate, in equal portions, but they being dead, leaving issue, at the time of her decease, their children and the children of their deceased children, took the inheritance by representation. “ Succession, in stirpes, according to the roots, since all the branches represent the same share, that their root, whom they represent, would have done. 2 Bl. Com. 217.

¶3Lydia Buckley’s brothers and sisters, who died, leaving lineal descendants, were the roots from which the inheritance branched, and it is merely matter of computation to ascertain the portion of each lineal descendant.

¶4The plaintiff, being an orphan grandchild of Lydia’s deceased sister, is entitled to a portion of the inheritance, which must be ascertained, as agreed by the parties.

¶5 Defendants defaulted.

Tenney, C. J., Appleton, Cutting, and May, J. J., concurred.
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