In re the Estate of Tierney

Seitz, Chancellor:

The issue here is whether the statute governing the distribution of intestate personal property requires a per capita division among nephews and nieces, or a per stirpes division based upon a number of brothers and sisters of the intestate, where none of the brothers and sisters survived.

Thomas J. Tierney (“intestate”) died intestate on January 29, 1965. His administrators seek instructions as to the proper distribu*561tian of the real and personal property belonging to the estate. Thomas had two brothers who predeceased him. One, John, had three children who survived the…