Broward v. Broward

On appeal in partition proceedings the essential question to be determined is whether the nephews and nieces take per capita or per stripes by inheritance from a maiden lady who died intestate in 1924, leaving néither father nor mother nor brothers or sisters, but leaving nephews and nieces, and also grand-nephews and grand-nieces, the children of the intestates’ nephews and nieces who died during the life of the intestate.

The statutory provisions “regulating descents,” that are pertinent here are herein stated.

“Whenever any person having title to real estate of inheritance shall die…