Cox v. Cox

The record in this cause presents for our decision but a single question, the solution of which depends upon the construction which should be placed upon the first and second sections of our statute of descents. The first and second sections of our statute of descents are as follows :

*369" Sec. 1. That the real and personal property of any person dying intestate, shall descend to his or her children in equal proportions, and posthumous children shall inherit equally with those born before the death of the ancestor.

“ Sec. 2. If any children of such intestate have died intestate, leaving a child or…