Bushnell v. Dennison

Citations

• 13 Fla. 77

Syllabus

<p>The law of descents in 1828 provided that the real estate of intestates should descend in parcenary to the male and female kindred in a certain course, viz.: 1, to children; 2, to the father; 3, to the mother, brothers, and sisters ; 4, for want of these or their descendants, to paternal and maternal kindred in moieties, &e. In that year provision was made by law, that personal property should “ be distributed according to the law regulating descents.” In 1829, the previous law of descents was repealed and reenacted, ■with, pi'omsos, (Duval’s Compilation, 861,) that whenever an infant shall die without issue, having title to any real estate of inheritance derived from the father, and there be living any kindred on the side of the father of the infant, such estate shall pass to the father or the paternal kindred, without regard to the mother or maternal kindred, saving the mother’s right of dower. And if the real estate of such infant was derived from the mother, the same should descend to the mother or maternal kindred, without regard to the father or paternal kindred: Held,</p> <p>1. That the act of 1828 adopting “ the law regulating descents” as the rule for the distribution of personal estate, applies to any law regulating descents in force at the time that the right to the distribution becomes vested, (agreeing with Jones vs. Dexter, 8 Fla; 276.)</p> <p>2. The provisos contained in the act of 1829, entitled “ An Act Regulating Descents,” being paragraphs 10 and 11 of section 1, are part of the law regulating descents, and furnish a rule for the distribution of the personal estate of an infant, derived from the father or the mother, as the case maybe, it being the intent of the law that the personal estate should be distributed by the same rule that governs the descent of real estate,— (Overruling the decision in Jones vs. Dexter.)</p>