Fatheree v. Fatheree

OPINION OF THE COURT — by the

How. EDWARD TURNER.

This case presents but a single point for the consideration of the court. The plaintiff claims a distributive share of a deceased brother’s estate and has sued for it. He is a half brother of the defendant, and claims as an heir at law of Reding Fatheree, their brother, who died intestate, leaving, neither wife or descendants. The question arises under our statute of distributions, the language of which is this: “ there shall be no representation among collaterals, except with the descendants of the brothers and sisters of the intestate; and…