TIP # 144 - THE LAW OF DESCENTS Chapter LIX on the Kentucky Statutes of 1822 was based on an Act of Virginia passed in 1785; amended in 1793, and an early Kentucky Act passed in 1796. This deals with the estates of deceased and how they were to descend by law. I'm sure all of us have wondered why so many things happened after a person died. Why was the land re-surveyed? Why were all the summons issued to relatives? Why were there court cases to distribute the estate? Why did it take so long sometimes? Why did the relatives fight? Maybe this will help! This also enforces why we hope all of our ancestors left wills - if they didn't, the process was complicated! 1. If any person had title to any real estate that they inherited, then died intestate (without will), the estate will descend and pass to the deceased's kindred, male and female in the following manner: a. To his children, or their descendants, if any there were. b. If no children, nor any descedants of said, then the estate passed to the deceased's father. c. If there was no living father, the estate passed to the deceased's mother, brothers, sisters, and their descendants. d. If there is no living father, brother, sisters or descendants of same, the estate passed to the Grandfather. e. If no living grandfather, then the estate passed to the grand mother, uncles and aunts on her side. f. If no living grandmother, uncles and aunts on the maternal side, the estate passed to the great- grandfathers or grandfather is only one is living. g. If there be no living grandfather or grandfathers, the estate passed to the great grandmothers, or grandmothers and their descendants. h. If none of the above were living, the estate passed to the nearest lineal male ancestor, or if there was none, to the nearest lineal female ancestor and their descendants. 2. It was then noted that no right in the inheritance shall accrue to anyone other than the children of the intestate unless they were capable in law to take as heirs at the time of their father's death. 3 If the intestate had no children, father, mother, brothers, sisters and their descendants, the inheritance was directed to the paternal and maternal kindred; but if they did not exist on one side, it went to the other side. If there were no kindred on either side, the whole went to the wife or the husband of the intestate. If the wife or husband was dead, then it pass to his or her kindred. 4 In the instance where the inheritance is passed to the ascending and collateral kindred of the deceased, if part of the collaterals are whole-blood and part half-blood, those of the half-blood were to inherit only half as much as the whole-blood. But if all were half-blood, then would have whole portions only giving to the ascedants if there be any double portion. 5 If the children of the intestate or the mother, brothers, sisters, his grandmother, uncles, aunts, or any Female lineal ancestors were living, with the children of the deceased ancestors, male and females, They were to take per capita (that is to say, by persons); and where a part of them were dead, and part of them were living, the issue of the dead had right in partition. This issue shall take per stirpes,, or by stocks (i.e., the share of their deceased parent). 6 When there were child of the intestate, or their issue, had received from the intestate in his lifetime any Real estate as an advancement, they could chose to come into partition with the other parceneres, such advancement then being brought into what was called hotch-pot with the estate descended. 7 When making the title by descent, it was no bar to a demandant that any ancestor through which he/ she derives descent from the intestate, is or has been an alien. Bastards were capable of inheriting or transmitting inheritance on the part of their mother as if they had been legally born. 8 If a man had by a woman one or more bastard children, then married the mother, and if the child or children were recognized by him they were legimitized. If he did not recognize them, they were not. A special section, Number 2, dealt with an old Virginia law passed in 1790 and dealt with the lands. 1 When lands descended from a person dying intestate to two or more heirs, any one of whom was an Infant, femme covert, non compos mentis, and the dividend of each heir did not exceed thirty pounds it was, if the court so ruled, lawful for the high court of chancery, or the county court, to direct the sale of the lands or a large portion of them, and the distribution of the money arising from the sale to go to the heirs. But, this was providing that each heir resided within the commonwealth and had been duly summoned to show cause against such a sale. If an heir lived outside of the commonwealth, the court prepared an order for publication which had to be advertised for eight consecutive weeks (in Virginia) - this was considered the equivalent of a summons. 2 If one or more slaves descended from the intestate and an equal division could not be made, it was lawful for the high court of chancery or county court to direct the sale of the slave(s) and the money distributed to the claimants. Each claimant was given power to show cause why this should not be done. 3 If an infant heir died later without heir and had title to any real estate of inheritance by purchase or Descent from the father, the mother the infant could not succeed or enjoy the same, or any part of it, if there be any living brother or sister of the infant, or any brother or sister of the father, or any lineal descendant of either of them. 4 If an infant heir died without issue who had no title to any real estate as above from the mother, the father likewise could not succeed or enjoy the same, under the same regulations as above. I hope this has helped a little and help explain the divisions of estates, the distributions of monies and lands, the court cases, having the land re-surveyed or processioned … now it might all make sense! Happy hunting. (c) Copyright 28 April 1998, Sandra K. Gorin, All Rights Reserved. Sandi Gorin - 205 Clements Ave., Glasgow, KY 42141-3409 (502)651-9114 or sgorin@glasgow-ky.com - Kentucky Colonel PUBLISHING: http://members.tripod.com/~GorinS/index.html KYRESEARCH: http://cgi.rootsweb.com/~usgwqury/Ky/Tips/index.cgi KYBIOS: http://cgi.rootsweb.com/~usgwqury/Ky/Bios/index.cgi BARREN CO OBITUARIES: http://cgi.rootsweb.com/~usgwqury/Ky/BarrenObits/index.cgi