Descent And Distribution

The division among those legally entitled thereto of the real and personal property of intestates, the term descent being applied to the former and distribution to the latter. Dethe transmission by succession or inheritance. 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 Bla. 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 universally abolished in this country- So, with few exceptions, has been the distinction between male and 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 authority, among those entitled thereto, of the residue of the personal estate of an intestate, after payment of the debts and charges. The term is sometimes used to denote the division of a residue of both real and personal estate, and also the division of an estate according to the terms of a will, but neither use is accurate, the term being technically 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 transferred 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 Mukdee. And see, generally, Next of Kin; Kindked; Heir; Executors and Administrators.