Wagner v. Sharp

The Ordinary.

The question presented is in reference to the distribution of the personal estate of an intestate who left neither widow nor descendants, nor father or mother, or brother or sister, but whose next of kin were thirty-six nephews and nieces, the children of his nine deceased brothers and sisters. The orphans court directed that the distribution be made to the nephews and nieces per capita. The appellant, who is the only child of a sister of the intestate, insists that the distribution should be per stirpes, *521and not per capita. The statute provides that in case there be no children,…