Chandler v. Copeland

Citations

• 31 Tex. 151

Syllabus

<p>The first and second clauses of the 2d section of the act of 18th March, 1848, “ To regulate descent and distribution of intestates’ estates;” reads as follows: “1. To his or her children and their descendants, if any there be. 2. If there be no children nor their descendants, then to his or her father and mother, in equal portions; but if only the father or mother survive the intestate, then his or her estate shall be divided into two equal por- . tions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants, or to such of them as there be; but if there be none such, then the whole estate shall be inherited by the surviving father or mother.” (Paschal’s Dig., Art. 3419, Note 783.)</p> <p>Where a grandfather died intestate a distributive share of his estate passed to his two grandchildren, born of a deceased daughter. Where one of these children died, leaving only its father and its brother (or sister) surviving, its interest descended and passed in equal proportions to that father and brother (or sister.) And when the other child died its moiety of the distributive share in the grandfather’s estate passed absolutely to the surviving father, thus substituting him to all the rights of the descendants of the daughter of R. J. Chandler, deceased.</p>