the rights of that relation, including the right of inheritance. Such rights of inheritance extend to the heirs and next of kin of both adopted child and foster parents to the same extent as though the former was the legitimate child of the foster parents, and to the exclusion of the child's natural parents.

This means that the doctrine of representation, which we have already explained (ante, § 61), applies to the issue of adopted children, so that if there be two lawfully adopted children, and one of them dies in the lifetime of his foster parent, leaving several issue, such issue do not share equally with the surviving adopted child, but receive among themselves in equal division the share which the deceased adopted child would have received had he lived.

It is important to observe that although an adoption has the effect of creating the legal relation of parent and child, including the right of inheritance "from each other," no inheritance can descend to the adopted child through the foster parent from the relatives of the latter. Whether he is to be classed as one, who, under the statute, is entitled to demand a share of his foster parent's estate, in case the parent omits to make mention of him in his will (see ante §§ 24, 70), is a disputed question.

72. Illegitimate children.

An illegitimate child is one who is born out of wedlock, but may be made legitimate by the subsequent marriage of its parents. A child of parents whose marriage is annulled either because of lunacy of one of them, or because one or both had not attained the age of legal consent, is deemed to be the legitimate child of both parents. By the rules of the common law in England, and in earlier days in this country, an illegitimate child could neither inherit real property, nor transmit it to any other than his own legitimate descendants. But these harsh and unnecessary provisions have now been modified by statute, so that if a woman die intestate, without lawful issue, but leaving an illegitimate child, the inheritance descends to him, as though he were legitimate. In no other case may an illegitimate child inherit lands.

The same provisions apply to personal property and in such case the illegitimate child takes his mother's entire personalty, unless he be excluded by the existence of her legitimate issue.

73. When collaterals inherit.

Collateral relatives are those who are in the line neither of ascent nor descent, and the degree of whose kinship to the intestate must be ascertained by reference to the common

ancestor of both, as already pointed out (see ante § 60).

They inherit real property if there be no father or mother, and no descendants; and if there are several such, all of equal degree of consanguinity to the intestate, their shares are equal, however remote from him the degree may be.

Their interest in the personal property depends upon the existence of descendants of the intestate. If there be none of these, then they are entitled to share to an extent requiring more detailed explanation.

74. Same; brothers and sisters, nephews and nieces.

If the decedent leaves any descendants, then the brothers and sisters do not share in the real property. Nor do they share if the intestate leaves a father, except that if the property came to the intestate upon the part of his mother and she be dead, then, the brothers and sisters inherit subject to the life estate of the father; and subject to the life estate of the mother, if she be living. Indeed, in every case, if the father be dead, but the mother be living, the brothers and sisters take subject to her life estate. In case there be no parent living, they inherit equally, if all the brothers and sisters are alive. But if

some have died leaving descendants, then the doctrine of representation applies, as we have already explained (ante § 61), so that the living brothers and sisters take per capita, that is, the same share they would have received if none of them had died; and the descendants take per stirpes the shares which their respective parents would have received, if living. The same rule prevails as to all lineal descendants of brothers and sisters whenever they are of unequal degree of relationship to the intestate.

The right of the brothers and sisters and their descendants in the personal estate is somewhat complicated, but may be stated as follows:

(a) They take nothing if the intestate leaves any descendants, husband or father.

(b) If the widow of the decedent is living, but no descendant or parent, and if the personal estate exceeds the sum of $2,000, then one-half goes to the brothers and sisters, and nephews and nieces, less two thousand dollars, which goes to the widow (see ante § 64).

(c) If there be a widow and mother, then the half which does not go to the widow is divided in equal shares between the mother and the brothers and sisters and their descendants; and if there be no widow, the whole personal estate is distributed in like manner.

(d) If the decedent leaves no widow or mother, the brothers and sisters and their descendants take the entire personalty, per stirpes.

75. The same; uncles, aunts and cousins.

If the intestate leaves no descendant, parent, brother, sister, or descendant of either, then, subject to possible claims of dower or curtesy, the uncles and aunts and their children share in the real property, as follows:

(a) If the property came to the intestate on the part of his father, it descends to his paternal uncles and aunts in equal shares, if all of them be living; if some be living and some be dead, leaving children (cousins), to such uncles and aunts as may be living per capita and to the cousins, per stirpes; and if all such uncles and aunts be dead, to all the cousins in equal shares. If there were no paternal uncles or aunts living, nor issue of any who may have died, then the lands descend to the maternal uncles and aunts, and to their descendants in the same manner.

(b) If the property came to the intestate on the part of his mother, it descends to his maternal uncles and aunts and their descendants; but if there be none, to the paternal uncles and aunts and their descendants, in the manner above described. (c) If the property did not come to the intestate