Duncan v. Lafferty's Adm'r.

Judge Underwood

delivered tbe opinion of the court.

Abijah Brooks died, leaving a tract of land, part of which descended to his grandson, Abi-jah Duncan, whose mother was a daughter of Brooks and wife of the plaintiff in error; but she died before her father, and consequently the estate was cast upon her son, by descent, directly from the grand-father. Abijah Duncan died when a minor, leaving neither wile or child. The only question presented, by the record upon the foregoing facts is, shall the estate of Abijah Duncan pass to his father, the plaintiff in error, or to his mother’s brothers and…