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1959—Session Laws Ch. 879
c. If there is no grandparent and no uncle or aunt, or lineal descendant
of a deceased uncle or aunt, on the paternal side, then those of the maternal
side who otherwise would be entitled to take one-half as hereinbefore pro-vided
in this subdivision shall take the whole; or
d. If there is no grandparent and no uncle or aunt, or lineal descendant
of a deceased uncle or aunt, on the maternal side, then those on the paternal
side who otherwise would be entitled to take one-half as hereinbefore pro-vided
in this subdivision shall take the whole.
"Article 3. Distribution Among Classes.
"§ 29-16. Distribution Among Classes, (a) Children and Their Lineal
Descendants. If the intestate is survived by lineal descendants, their re-spective
shares in the property which they are entitled to take under G. S.
29-15 of this chapter shall be determined in the following manner:
(1) Children. To determine the share of each surviving child, divide
the property by the number of surviving children plus the number of
deceased children who have left lineal descendants surviving the intestate.
(2) Grandchildren. To determine the share of each surviving grand-child
by a deceased child of the intestate in the property not taken under
the preceding subdivision of this subsection, divide that property by the
number of such surviving grandchildren plus the number of deceased
grandchildren who have left lineal descendants surviving the intestate.
(3) Great-Grandchildren. To determine the share of each surviving
great-grandchild by a deceased grandchild of the intestate in the property
not taken under the preceding subdivisions of this subsection, divide that
property by the number of such surviving great-grandchildren plus the
number of deceased great-grandchildren who have left lineal descendants
surviving the intestate.
(4) Great-Great-Grandchildren. To determine the share of each sur-viving
great-great-grandchild by a deceased great-grandchild of the intes-tate
in the property not taken under the preceding subdivisions of this
subsection, divide that property by the number of such surviving great-great-
grandchildren plus the number of deceased great-great-grandchildren
who have left lineal descendants surviving the intestate.
(5) Other Lineal Descendants of Children. Divide, according to the
formula established in the preceding subdivisions of this subsection, any
property not taken under such preceding subdivisions, among the lineal
descendants of the children of the intestate not already participating.
"(b) Brothers and Sisters and Their Lineal Descendants. If the intes-tate
is survived by brothers and sisters or the lineal descendants of de-ceased
brothers and sisters, their respective shares in the property which
they are entitled to take under G. S. 29-15 of this chapter shall be deter-mined
in the following manner:
(1) Brothers and Sisters. To determine the share of each surviving
brother and sister, divide the property by the number of surviving brothers
and sisters plus the number of deceased brothers and sisters who have left
lineal descendants surviving the intestate within the fifth degree of kinship
to the intestate.
889
Object Description
Description
| Title | Page 943 |
| Full Text | 1959—Session Laws Ch. 879 c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side, then those of the maternal side who otherwise would be entitled to take one-half as hereinbefore pro-vided in this subdivision shall take the whole; or d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side, then those on the paternal side who otherwise would be entitled to take one-half as hereinbefore pro-vided in this subdivision shall take the whole. "Article 3. Distribution Among Classes. "§ 29-16. Distribution Among Classes, (a) Children and Their Lineal Descendants. If the intestate is survived by lineal descendants, their re-spective shares in the property which they are entitled to take under G. S. 29-15 of this chapter shall be determined in the following manner: (1) Children. To determine the share of each surviving child, divide the property by the number of surviving children plus the number of deceased children who have left lineal descendants surviving the intestate. (2) Grandchildren. To determine the share of each surviving grand-child by a deceased child of the intestate in the property not taken under the preceding subdivision of this subsection, divide that property by the number of such surviving grandchildren plus the number of deceased grandchildren who have left lineal descendants surviving the intestate. (3) Great-Grandchildren. To determine the share of each surviving great-grandchild by a deceased grandchild of the intestate in the property not taken under the preceding subdivisions of this subsection, divide that property by the number of such surviving great-grandchildren plus the number of deceased great-grandchildren who have left lineal descendants surviving the intestate. (4) Great-Great-Grandchildren. To determine the share of each sur-viving great-great-grandchild by a deceased great-grandchild of the intes-tate in the property not taken under the preceding subdivisions of this subsection, divide that property by the number of such surviving great-great- grandchildren plus the number of deceased great-great-grandchildren who have left lineal descendants surviving the intestate. (5) Other Lineal Descendants of Children. Divide, according to the formula established in the preceding subdivisions of this subsection, any property not taken under such preceding subdivisions, among the lineal descendants of the children of the intestate not already participating. "(b) Brothers and Sisters and Their Lineal Descendants. If the intes-tate is survived by brothers and sisters or the lineal descendants of de-ceased brothers and sisters, their respective shares in the property which they are entitled to take under G. S. 29-15 of this chapter shall be deter-mined in the following manner: (1) Brothers and Sisters. To determine the share of each surviving brother and sister, divide the property by the number of surviving brothers and sisters plus the number of deceased brothers and sisters who have left lineal descendants surviving the intestate within the fifth degree of kinship to the intestate. 889 |
