The mother of an adopted child will inherit his property in preference to his adopted brothers or sisters. Barnhizel v. Ferrell, 47 Ind. 335.

If an adopted child dies intestate, unmarried and without lawful issue or their descendants, the property received by such child from the adopting parents by gift, devise or descent will descend to such parents, if living, or to their heirs, to the exclusion of the natural heirs of such child. Davis v. Krug, 95 Ind. 1; Humphries v. Davis, 100 Ind. 274; Paul v. Davis, 100 Ind. 422.

2626. (2471.) When no heirs under preceding rules.-5. If there be no person entitled to take the inheritance according to the preceding rules, it shall descend in the following order:

First. If the inheritance came to the intestate by gift, devise, or descent from the paternal line, it shall go to the paternal grandfather and grandmother, as joint tenants, and to the survivor of them; if neither of them be living, it shall go to the uncles and aunts in the paternal line, and their descendants, if any of them be dead; and if no such relatives be living, it shall go to the next of kin, in equal degree of consanguinity, among the paternal kindred; and if there be none of the paternal kindred entitled to take the inheritance as above prescribed, it shall go to the maternal kindred in the same order.

Second. If the inheritance came to the intestate by gift, devise, or descent from the maternal line, it shall go to the maternal kindred in the same order; and if there be none of the maternal kindred entitled to take the inheritance, it shall go to the paternal kindred in the same order.

Third. If the estate came to the intestate otherwise than by gift, devise, or descent, it shall be divided into two equal parts, one of which shall go to the paternal and the other to the maternal kindred, in the order above described; and on the failure of either line, the other shall take the whole.

If a man dies leaving as his heirs a widow and child, and the widow dies leaving such child as her only heir, on the death of such child leaving as its only heirs uncles and aunts on both the paternal and maternal side, the uncles and aunts of each line will inherit one-half of the property inherited by such widow and child from the husband and father, overruling the case of Johnson v. Lybrook, 16 Ind. 473. Murphy e. Henry, 35 Ind. 442.

Property of an intestate will descend to a great-grandmother in preference to greataunt or uncle in the same line. Cloud v. Bruce, 61 Ind. 171; Bruce v. Bissell, 119 Ind. 525.

The statute of descents of this state covers every conceivable state of circumstances that can surround the descent of property. Cloud v. Bruce, 61 Ind. 171; Bruce v. Bissell, 119 Ind. 525.

2627. (2472.) Kindred of the half-blood.-6. Kindred of the halfblood shall inherit equally with those of the whole blood; but if the estate shall have come to the intestate by gift, devise or descent from any ancestor, those only who are of the blood of such ancestor shall inherit: Provided, That on failure of such kindred, other kindred of the half-blood shall inherit as if they were of the whole blood.

Under the statute of 1831, in the absence of issue or parents, the brothers and sisters of half-blood of the decedent inherited equally with brothers and sisters of the whole blood. Clark v. Sprague, 5 Blkf. 412.

The personal estate of a decedent domiciled in this state is distributed according to the laws of this state wherever such property may be situate. McCleery v. Matson, 2 Ind. 79.

Under the statute of 1843, in the absence of issue or parents, or brothers or sisters of the whole blood, the brothers and sisters of the half-blood inherited the estate of a decedent. Henson v. Ott, 7 Ind. 512.

Children of the same parent are children of the whole blood in their relation to the parent. McClanahan v. Trafford, 46 Ind. 410.

Kindred of the half-blood inherit equally with those of the whole blood, unless the estate came to the intestate by gift, devise or descent from an ancestor, in which case those only of the blood of such ancestor can inherit. Armington v. Armington, 28 Ind. 74; Robertson v. Burrell, 40 Ind. 328.

If lands are conveyed as a gift by the parents of a wife to her and her husband jointly, and she dies leaving a husband and children, and he remains and has other children and then dies, all of such children inherit equally. Barnes v. Loyd, 37

Ind. 523.

If a widow inherits lands from her husband, marries again and dies leaving children by both marriages, such lands descend equally to all her children. McClanahan v. Trafford, 46 Ind. 410.

If a person to whom land has come by descent dies intestate, unmarried and without issue, and leaving no brother or sister of the whole or half-blood of the ancestor from whom the property descended, a half-brother not of the blood of such ancestor will inherit in preference to kindred of the blood more distantly related to the intestate. Pond v. Irwin, 113 Ind. 243.

If property inherited is sold and other property is purchased with the proceeds, the latter property is not acquired by descent from the ancestor from whom the first property was acquired. Orr v. White, 106 Ind. 341.

For other decisions construing statutes relating to the rights of kindred of the halfblood, see Aldridge v. Montgomery, 9 Ind. 302; Cox v. Matthews, 17 Ind. 367; Greenlee v. Davis, 19 Ind. 60.

2628. (2473.) When estate reverts to donor.-7. An estate which shall have come to the intestate by gift or by conveyance, in consideration of love and affection, shall, if the intestate die without children or their descendants revert to the donor, if living, at the intestate's death, saving to the widow or widower, however, his or her rights therein: Provided, That the husband or wife of such intestate shall hold a lien upon such property for the value, at the intestate's death, of all improvements by him or her thereon, and for all moneys derived from the separate estate of such husband or wife expended in making such improvements.

If a parent conveys lands to a child as a gift, and the child dies without issue, but leaves a widow, two-thirds of the lands reverts to the parent. Mitchell v. Parkhurst, 17 Ind. 146; Myers v. Myers, 57 Ind. 307; Kenney v. Phillipy, 91 Ind. 511.

If a parent conveys lands as a gift to his child during his life, and the fee to become vested in others upon certain contingencies, and such child dies without having a fee in the lands, his widow has no interest therein, and the lands revert to the donor. Amos v. Amos, 117 Ind. 37.

If a husband causes lands to be conveyed to his wife as a gift, on her death intestate and without issue, the lands will revert to the husband. Fontaine v. Houston, 86 Ind. 205.

When lands revert to a donor under this section, the donor takes the lands as heir

of the donee, and the lands are liable for the debts of the donee. Wingate v. James, 121 Ind. 69.

If the estate of a husband does not exceed one thousand dollars in value, lands conveyed to the husband as a gift will not revert to the donor as against the widow of the donee. Thomas v. Thomas, 18 Ind. 9.

When lands revert to the donor the husband or wife of the donee will hold a lien on all the lands conveyed for improvements made by them. Myers v. Myers, 57 Ind. 307.

2629. (2474.) To illegitimate child, from mother.-8. Illegitimate children shall inherit from the mother as if they were legitimate, and through the mother, if dead, any property or estate which she would, if living, have taken by gift, devise, or descent from any other person. An illegitimate child will take any property of its deceased mother that she would take if living. Parks v. Kimes, 100 Ind. 148.

[1853, p. 78. In force July 24, 1853.]

2630. (2475.) When from father to illegitimate child.-1. The real and personal estate of any man dying intestate, without heirs resident in any of the United States at the time of his death, or legitimate children capable of inheriting without the United States, shall descend to and be vested in his illegitimate child or children who are residents of this state or any of the United States; and such illegitimate child or children shall be deemed and taken to be the heir or heirs of such intestate in the same manner, and entitled to take by descent or distribution to the same effect and extent as if such child or children had been legitimate: Provided, That the intestate shall have acknowledged such child or children as his own during his life-time; And provided, further, That the testimony of the mother of such child or children shall in no case be sufficient to establish the fact of such acknowledgment.

The brothers and sisters of an intestate will inherit under this section in preference to an illegitimate child of the intestate. Borroughs v. Adams, 78 Ind. 160.

In order for an illegitimate child to inherit from its father, it must appear that he died intestate without heirs residing in the United States. Cox v. Rash, 82 Ind. 519.

[1 R. S. 1852, p. 248. In force May 6, 1853.]

2631. (2476.) Bastard, how made legitimate.-9. If a man shall marry the mother of an illegitimate child, and acknowledge it as his own, such child shall be deemed legitimate.

The marriage of the parents of an illegitimate child, and an acknowledgment by the father of the child as his own, renders such child legitimate. Harvey v. Ball, 32 Ind. 98; Bailey v. Boyd, 59 Ind. 292; Brock v. State, ex rel., 85 Ind. 397.

2632. (2477.) From illegitimate child to mother.-10. The mother of an illegitimate child dying intestate, without issue or other descendants, shall inherit his estate; and if such mother be dead, her descendants or collateral kindred shall take the inheritance in the order hereinbefore prescribed.

The father of an illegitimate child will not inherit from such child. Ellis v. Hatfield,

20 Ind. 101.

Half-brothers and sisters of an illegitimate child may inherit from him. Ellis v. Hatfield, 20 Ind. 101.

2633. (2478.) When estate escheats.-11. The estate of a person dying intestate, without kindred capable of inheriting, shall escheat to the state, and shall be applied to the support of common schools, in the manner provided by law.

See sections 2571-2573.

Children adopted in other states will inherit lands in this state and thus prevent the escheating thereof. State, ex rel., v. Meyer, 63 Ind. 33.

Aliens may hold lands acquired by devise or descent, for a period of eight years before the same will escheat to the state. State, ex rel., v. Witz, 87 Ind. 190.

When property escheats to the state suit may be brought to recover the same. Fuhrer v. State, ex rel., 55 Ind. 150; State, ex rel., v. Meyer, 63 Ind. 33; Reid v. State, ex rel., 74 Ind. 252.

If an alien dies intestate without known heirs, his property escheats at once to the state. Reid v. State, ex rel., 74 Ind. 252.

[Acts 1883, p. 98. In force March 5, 1883.]

2634. (E. S. 429.) Sale of escheated estates.-1. In all cases where estates have escheated, or hereafter shall escheat, to the state, for want of heirs or kindred entitled to the inheritance, the board of commissioners of the county wherein such estate is situated, are hereby authorized to dispose of the same by sale, in such manner as may seem best for the interests of the common school fund; and to reinvest the proceeds of such sale in the manner directed by law for the investment of other moneys belonging to the common school fund: Provided, That all real estate, so sold, shall be first appraised by three disinterested freeholders of the county, who shall be first sworn to faithfully perform their duty as such appraisers; and shall not be sold at less than said appraisement: And provided, further, That in case said real estate fail to sell for the full amount of said appraisement within six months after being first offered for sale, in such case, said commissioners may order a new appraisement thereof.

2635. (E. S. 430.) Warranty deed.-2. Upon full payment being made for such lands, a warrantee deed therefor, to the purchaser, or his or her heirs or assignees, shall be executed by the county auditor, and be entered in the commissioners' record before delivery.

[1 R. S. 1852, p. 248. In force May 6, 1853.]

2636. (2479.) Advancements.-12. Advancements in real or personal property shall be charged against the child or descendants of the child to whom the advancement is made in the division or distribution of the estate, but if the advancement exceed the equal proportion of the child advanced, the excess shall not be refunded.

See section 2563 and notes.

As to when property is deemed an advancement, see Stanley v. Brannon, 6 Blkf. 193; Hodgson v. Macy, 8 Ind. 121; Woolery v. Woolery, 29 Ind. 249; Dille v. Webb, 61 Ind. 85; Ruch v. Biery, 110 Ind. 444; Higham v. Vanosdol, 125 Ind. 74; Joyce v. Hamilton, 111 Ind. 163; Herkimer v. McGregor, 126 Ind. 247; New v. New, 127 Ind. 576.

Heirs who have received more than their shares of an estate ny advancements can not be compelled to refund any portion received. Clark v. Helm, 130 Ind. 117.

2637. (2480.) Advancement, how estimated.-13. In the division. or distribution of an estate, the amount or value of an advancement shall be estimated according to the amount or value when given. [Section 14 of this act is omitted, because repealed by section 2408.]

2638. (2481.) Rules subject to rights of husband or wife.-15. Every rule of descent or distribution prescribed by this act shall be subject to the provisions made in behalf of the surviving husband or wife of the decedent.

2639. (2482.) Courtesy and dower abolished.-16. Tenancies by the courtesy and in dower are hereby abolished.

The legislature may regulate the interest of a wife in the lands of the husband, and the law in force at his death fixes her rights. Noel v. Ewing, 9 Ind. 37.

The abolition of dower divested a widow of all interest in the lands of the husband wherein his title was divested before the law giving his widow a fee-simple interest took effect. Strong v. Clem, 12 Ind. 37; Bowen v. Preston, 48 Ind. 367; Taylor v. Sample, 51 Ind. 423; Colman v. De Wolf, 53 Ind. 428; Carr v. Brady, 64 Ind. 28; Joseph v. Fisher, 122 Ind. 399.

Where a husband died before the law abolishing dower took effect, his widow was entitled to dower in lands he had conveyed. Harding v. Presbyterian Church, 20 Ind. 71; Law v. Long, 41 Ind. 586.

2640. (2483.) What descends to widow.-17. If a husband die testate or intestate, leaving a widow, one-third of his real estate shall descend to her in fee-simple, free from all demands of creditors: Provided, however, That where the real estate exceeds in value ten thousand dollars, the widow shall have one-fourth only, and where the real estate exceeds twenty thousand dollars, one-fifth only, as against creditors.

See section 2652.

When a husband dies seized of real estate, the widow takes under this section as his heir. Rusing v. Rusing, 25 Ind. 63; May v. Fletcher, 40 Ind. 575; Bowen v. Preston, 48 Ind. 367; Brown v. Harmon, 73 Ind. 412; Deery v. Deery, 74 Ind. 560; Hendrix v. McBeth, 87 Ind. 287.

A second and childless wife takes the same interest as against creditors as a first wife takes. Louden v. James, 31 Ind. 69.

A widow takes one-third of the lands of which the husband dies seized as against every person except creditors. Johnson v. Johnson, 9 Ind. 28; Matthews v. Pate, 93 Ind. 443.

If the interest of the heirs in lands is sold to pay debts of the decedent, they can not claim any interest in the share of the widow. Matthews v. Pate, 93 Ind. 443.

The interest of a widow in the lands of the husband can only be reduced below onethird, when all the other property is insufficient to pay the debts of the husband, and the estate exceeds the amounts mentioned in the statute. Mansur v. Hinkson, 94 Ind. 395; Kidwell v. Kidwell, 84 Ind. 224.

The widow takes under this section whether the husband dies testate or intestate, and she is only divested of her interest by accepting the provision of a will. Collins v. Collins, 126 Ind. 559.

When a widow takes lands under this section, she is bound by trusts that attach to the land whether she had notice thereof or not. Deery v. Deery, 74 Ind. 560.