on the part of either parent, it descends to all his uncles and aunts and their descendants in like manner. The share of uncles or aunts and cousins in the personal estate depends upon whether the intestate leaves any descendant, husband, widow, parent, grandparent, brother, or sister, or descendant of a brother or sister. If there be none such, the uncles and aunts share equally with any great-grandparent of the decedent who may be living. The children of any deceased uncle or aunt do not share by representation, if there be any uncles or aunts living; but if all the latter are dead, the cousins share in equal portions, per capita. 76. Relatives of husband or wife. In New York the statute provides that where real property came to the intestate from his or her wife or husband, and there are no persons entitled to inherit it, as already pointed out, it descends to the heirs of such husband or wife, as the case may be. Personal property so coming to the intestate by bequest or inheritance is distributed in the same way, where there is no husband, wife, descendant or next of kin. There seems to be no similar provision elsewhere and its validity has been questioned. It has been declared that if it be an attempt to create a new class of heirs among strangers in blood to the deceased, it is something which the legislature cannot do, and that probably it was evidence of an intent on the part of the state to release the property as a gift, under its right of escheat. The discussion of the question is interesting but not now important. 77. Relatives of half blood. Under the rules of the common law kindred of the half blood were not permitted to inherit, but this has been changed in most states, so that the words heirs and next of kin include relations of both whole and half blood. In New York it is expressly provided by the statute that relatives of the half blood, and their descendants, may inherit both real and personal property equally with those of the whole blood and their descendants in the same degree, except that where real property came to the intestate by descent, devise or gift from an ancestor, no one but those of the blood of that ancestor can inherit. A person is said to be a relative of the intestate, of the half blood, who is the issue of a marriage between their common ancestor and one whose blood does not flow in the veins of the intestate. For instance, if the intestate's father, a widower, should marry a widow with children, such children would not in any way be related to the intestate, but if the marriage resulted in issue, such issue would be a half brother or sister to the intestate, because the blood of the father is common to both. 78. Relatives of illegitimate intestate. If the intestate was illegitimate his widow and children have the same shares of his real property as though he were legitimate. In case there are no descendants, then, subject to the widow's dower, the mother inherits it; but if she be dead, it descends to her relatives. Respecting the personal property, if there be no widow or descendants, it descends entirely to the mother, and to her relatives in case of her death, to the exclusion of those of the father, and even to the exclusion of the mother's other illegitimate children. But if the mother was herself illegitimate, her relatives cannot share through her and the inheritance descends instead to the paternal next of kin. 79. Effect of alienage on inheritance. At common law an alien, i. e., one who is not a citizen, could not inherit lands, but in New York such disability has been gradually removed, so that now it is provided by statute that alien friends are empowered to take, hold, transmit and dispose of real property in that state, in the same manner as native born citizens, and their heirs and devisees take in the same manner as citizens. 80. Effect of divorce. A husband's interest in his wife's estate is barred in case the marriage is dissolved for his misconduct; but if he be not at fault his rights are not impaired. On the other hand, a decree of divorce will cut off the wife's share in her husband's personal estate, no matter how innocent she may have been. If a decree against her is that of a court in another state, which our courts will not recognize, it has no effect, unless that divorce was obtained at her own instance, in which case she is bound by it even though upon grounds not permitted here. The effect of a decree of divorce upon the wife's dower is another matter. It is forfeited only if the wife has been guilty of misconduct, that is, adultery, and the divorce has been granted for that cause. When, however, the wife has gone into another state and has there sued her husband for divorce upon a ground not recognized here, a decree granted to her will bar her dower in lands. acquired by her husband after the decree. In such case she submits herself to the jurisdiction of the foreign court, and is bound by its judgment. Nevertheless, that judgment is prospective only and does not affect rights already vested in her. But as the marriage relation no longer subsists, her rights cannot attach to lands of which her former husband thereafter becomes the owner. 81. Set-off of advancements. In determining the amount of the shares of an intestate's estate passing to his children and their descendants, the value of any property or money which the intestate may, in his lifetime, have bestowed upon any of them, by way of a portion or settlement in life, must be taken into consideration as a part of the estate. If such advancement be equal to or greater than the share which such child or descendant would be entitled to receive, he is not entitled to anything further. If less than such share, then he receives only so much as equals the shares of the other heirs and next of kin, including the advancement. But merely maintaining or educating a child, or giving him money without a view to a life settlement or portion, is not to be deemed an advancement. It will be presumed, however, from the fact that the |