Housley v. Laster

The question presented upon this appeal is whether nephews and nieces of an intestate share the estate per capita or per stirpes, the brothers and sisters of the intestate all being dead. The probate judge held that the estate was to be distributed per stirpes and those adversely affected have appealed to this court.

We are of opinion that the probate judge decided the question properly. Section 8389 of the Code of 1932 regulates the distribution of the surplus personalty of an intestate. Subsection 5 of that statute provides:

“If no father or mother, to brothers and sisters, or the children of…