Estate of Linehan

Citations

• 1 Myrick 83

Syllabus

<p>Succession.—Where the decedent leaves him surviving no issue, father, mother, brother, or sister, but does leave a wife and also children of a deceased brother or sister, the wife inherits the entire estate, to the exclusion of nephews or nieces. To enable nephews and nieces to take (by right of representation), there must be a brother or sister surviving to take with them.</p> <p>Where the widow in such case dies leaving children by a former marriage, such children succeed her in the estate vested in her on the death of the husband.</p> <p>Construing sections, C. 0., 1386, 1403.</p>