Barrett v. Sudler

Citations

• 27 Del. 214
• 4 Boyce 214
• 87 A. 530
• 1913 Del. LEXIS 36

Syllabus

<p>1. Descent and Distribution—Source of Title.</p> <p>Rev. Code 1852, amended to 1893, p. 641, c. 85, pertaining to intestate real estate, requires only that the persons inheriting; shall have a certain relation to the intestate, and does not require connection by blood or otherwise with any one beyond the intestate, except where under the act the estate passes to brothers and sisters; and hence, where an intestate left no descendants, brothers, sisters, father, or mother, his father’s brothers and sisters and their issue were entitled to share equally with his mother’s brothers and sisters and issue in a fund derived from the sale of real estate which he inherited from his mother.'</p> <p>2. Descent and Distribution—Remote Collaterals—Half Blood.</p> <p>Under the statute of distribution {Rev. Code 1852, amended to 1893, p. 678, c. 89), relatives of the half blood share equally with those of the whole blood, except where they are expressly excluded by preference conferred by statute upon others, as is done only in preferring brothers and sisters of the whole blood to brothers and sisters of the half blood; and hence an.intestate’s father's brothers and sisters of the half blood and their issue shared equally with those of the whole blood.</p>