father's estate of curtesy, as the case may be, they share equally in all the real estate, and there is divided between them two thirds of the personal property, the remaining third going to their surviving parent. If any of the children had died before the intestate leaving issue, his or her share goes to such issue equally upon the principles of representation already explained. But a grandchild never inherits from his grandfather either real or personal property, if his own parent (being a child of the intestate) was living at the latter's death. If a son of the decedent survives him but dies before receiving his share of the estate, his own children (grandchildren of the decedent) may inherit some of the property formerly belonging to that grandfather, but it will be as heirs of their father and not of their grandfather that they will take. The reason is that upon their own father's death, in such case, the share which, had he lived, he would have received is paid to his executors or administrators, becomes a part of his estate and is distributed either to the legatees under his will, or to his own heirs under the statute.

If none of the intestate's children survive him, then all the grandchildren inherit equally both real and personal property. In such case the doctrine of representation does not apply, as it

does where the intestate's relatives are of unequal degree of kinship to him.

67. Rights of father.

If the intestate leaves no descendants, then the share of the father is next to be considered, but subject always to the rights of the widow, or husband, if any.

The father inherits all the real property, except so much as may have come to the intestate by devise, gift or descent from his mother or from any relative of her blood, and she be living. If, however, she is dead, then the property so coming to the decedent on her part goes to the father for life only, and upon his death to the intestate's brothers and sisters and their descendants, if any; but if there be none, then the father takes it absolutely.

In the personal property the father has no share if there are any descendants, or if the decedent, being a woman, has a husband living. But if the case is not one of these, he takes one half of the personalty and the widow the other half. If there be no widow, he takes it all.

68. The mother's share.

As in the case of the father and the descendants of the intestate, the dower and curtesy respectively

of the widow or husband must first be provided for.

In case the father be dead, or in case the real property came to the decedent on the part of the mother, she takes a life estate in it, if there are brothers or sisters of the decedent living or their descendants, but if not, she takes it absolutely.

In the personalty she does not share, if the intestate is survived by a descendant, husband or father. But if there be none of these, then one half of the personal property is distributed in equal shares to the mother and brothers and sisters and their descendants, if there be a widow, and the whole, if there be none. In case there are no brothers or sisters, or descendants of them, the mother takes one half of the personalty; and, if there is no widow, the whole. If the decedent was illegitimate and left no widow or descendants, the mother takes all.

69. When grandparents inherit.

The interest which grandparents have in the intestate's real property is rather remote. In the first place it is conditioned upon there being no descendants, parents, brothers or sisters, or their descendants, uncles or aunts, or their descendants.

In case none of such relatives exist, then if the lands came to the intestate on the part of his

father, they descend to the parents of the latter in equal shares, if living. If, however, the paternal grandparents are deceased, the parents of the intestate's mother take their places and inherit in the same way. Similarly, if the lands came to the decedent on the part of his mother, then her parents are the first to inherit, if living; otherwise the lands descend to his father's parents. If the inheritance came to the intestate from neither parent, then it descends to his living grandparents in equal shares.

Of the personal property they take no part if the decedent leaves any descendants, husband, widow, parent, brother or sister, or descendants of either. If there be none such, the grandparents take the whole inheritance in equal shares.

70. Posthumous relatives.

In each of the Statutes of Descent and of Distributions is to be found a provision expressly saving the rights of those descendants and other relatives who, though begotten in the lifetime of the intestate are not born until after his death. It is declared that they are entitled to inherit in the same way as if they had been born in the decedent's lifetime, and had survived him.

As we have already seen (ante § 24) a posttestamentary child which is unprovided for in its

parent's will is entitled to share in the estate to the same extent as though the parent had died intestate. The intestacy, however, occurs only with respect to that child's share, and the balance of the estate passes under the will to those entitled, who must each contribute, in proportion to the amount of their legacies and devises, so as to make up the share of the neglected child. This provision applies to an illegitimate child unprovided for by his mother's will made before his birth, but it has been held not to apply to an adopted child.

71. Adopted children.

The adoption of minors was not recognized by the common law, and exists in the United States only by virtue of some statute. Therefore, there is no presumption of adoption from the fact that a minor lives with and has taken the name of another. To effect such relationship certain proceedings required by the statute must be specifically taken, and when completed the child occupies the position of son or daughter, and takes the name of the foster parent. The child's rights of inheritance and succession from his natural parents, however, remain unaffected. The foster parents and the minor sustain towards each other the legal relation of parent and child, and have all