Also known as: ancestors · elders
Written by attorneys · grounded in primary & secondary sources — see below
Ancestors or forebears whose number of common connections in the same generation with a decedent is disregarded when determining intestate shares among collateral relatives of equal degree.
Diego died intestate with no closer heirs than his two brothers. Mateo was Diego's half-brother through their father alone. Aaron was Diego's full brother through both parents. The administrator divided the estate equally between Mateo and Aaron because the statute treats both as siblings in the same generation without regard to the number of shared ancestors.
Diego's estate passed by representation to his two grandchildren after both children predeceased him. Maya descended from Diego's full daughter Lucia. Jonah descended from Diego's half-son Eric. Each grandchild received one-half of the estate because the lines were treated as equal regardless of the parents' shared ancestors.
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Marco died intestate survived only by three nieces. Priya descended from Marco's full brother. Lila and Carmen descended from Marco's half-sister. The executor divided the manufacturing interest into three equal shares because all nieces stood in the same generational degree without adjustment for differing common ancestors.
Rafael died intestate with no closer heirs than two full cousins and one half-cousin. Dana and Luis descended through full lines. Mariah descended through a half-aunt. The court awarded each cousin an equal share because the statute disregards the number of common ancestors when heirs occupy the same generational position.
Hunter died intestate after his will disposed only of artwork. Yuri descended from Hunter's full sister. Will descended from Hunter's half-brother. The personal representative distributed the investment properties and savings equally to Yuri and Will because both occupied the same generational tier as niece and nephew.
Omar died intestate survived only by three nieces. Lina descended from Omar's full brother. Maya and Rhea descended from Omar's half-sister. The executor divided the manufacturing interest into three equal shares because the nieces stood in identical generational positions without regard to the number of common ancestors above them.
No. An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent. Siblings in the same generational degree therefore take equal shares.
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Each grandchild takes the share that would have passed through the deceased parent. The estate is first divided into equal lines at the child generation without regard to whether those children were full or half siblings.
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No. All nieces and nephews in the same generational degree inherit equally per capita. The statute directs courts to ignore differences in the number of common ancestors at the sibling level.
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Each cousin in the same degree of kinship takes an equal share. The rule eliminates any reduction based on descent through a half-blood line at the prior generation.
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…for invasion of private right under the pretext of the public good, which had no warrant in the laws or practices of our ancestors.” 188 U. S., at 470. [^maj-8]: Each of the cases cited by the Court for the proposition that legislation which severely affects some landowners but not others does not effect a “taking”…