Bagby v. Grogan

The only question to be decided is whether the two children of the brother, H. J. Grogan, inherit half of the estate of William G. Grogan, and the eight children of M. C. Grogan inherit half of the estate (distribution per stirpes), or whether each niece and nephew inherits a one-tenth interest (distribution per capita). Before the case of Harrell v. Storey, 175 Ga. 569 (165 S. E. 554), a full-bench decision, it seems certain that the common law and court law was that, where all of the brothers and sisters were dead, the inheritance by nieces and nephews was per capita. Houston v. Davidson,…