In re the Estate of Cavender

Harrington, J.,

delivering the opinion of the court:

The question before the court is as to the proper distribution of the proceeds arising from the sale of the real estate of Mary C. Cavender, deceased.

Chapter 212, Volume 33, Laws of Delaware, page 617, which is substituted for Section 3267, Revised Code 1915, in part, provides:

“When any person-having title, or right, legal or equitable, to any lands, tenements, or hereditaments in fee simple, shall die intestate as to the same, such lands, tenements, or hereditaments shall descend, in fee simple, unless herein otherwise provided, to his…