lateral, unless before his death his parents shall have intermarried, and his father after such marriage, acknowledges him as his child, or adopts him into his family; in which case such child and all the illegitimate children are considered brothers and sisters, and on the death of either of them, intestate, and without issue, the others inherit his estate, and are heirs as herein before provided, in like manner as if all the children had been legitimate, saving to the father and mother respectively their rights in the estate of all the children in like manner as if all had been legitimate. The issue of all marriages null in law or dissolved by divorce, are legitimate."

Sec. 523. Inheritance from an illegitimate child.

If an illegitimate child, who has not been acknowledged or adopted by his father, dies intestate, without lawful issue, his estate goes to his mother, or, in case of her decease, to her heirs at law.s

Sec. 524. Degrees of kindred, how established.

The Legislature of this State has provided that the degree of kindred is established by the number of generations, and each generation is called a degree."

Sec. 525. Lineal and collateral descent.

The series of degrees from the line; the series of degrees between persons who descend from one another is called direct or lineal consanguinity; and the series of degrees between persons who do not descend from one another, but spring from a common ancestor, is called the collateral line or collateral consanguinity.10

* Snyder, 8,987; Wilson, 6,897; California, 230 (Kerr), identical; North Dakota Code, 5,189 (1905), similar; Allison v. Bryan, 21 Okla. 537, 97 Pac. 382; Pina v. Peck, 31 Cal. 359; Blythe v. Ayers, 96 Cal. 532, 31 Pac. 915; Estate of Wardell, 57 Cal. 484.

8 Snyder, 8,988; Wilson, 6,898; Dakota Code, 3,404 (1887).

9 Snyder, 8,989; Wilson, 6,899; Dakota Code, 3,405 (1887).

10 Snyder, 8,990; Wilson, 6,900; Dakota Code, 3,406 (1887).

Sec. 526. The lines ascending and descending.

The direct line is divided into the direct line descending and the direct line ascending. The first is that which connects the ancestor with those who descend from him. The second is that which connects a person with those from whom he descends.11

Sec. 527. The degrees in the direct line.

In the direct line there are as many degrees as there are generations. Thus, the son is with regard to the father in the first degree, the grandson in the second; and vice versa with regard to the father and grandfather toward the sons and grandsons.12

Sec. 528. The degrees of the collateral line.

In the collateral line the degrees are counted by generations from one of the relations up to the common ancestor, and from the common ancestor to the other relations. In such computation the decedent is excluded, the relative included, and the ancestor counted but once. Thus, brothers are related in the second degree, uncle and nephew in the third degree, cousins germane in the fourth degree, and so on.1

13

Sec. 529. Inheritance by kindred of the half-blood.

Kindred of the half-blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor must be excluded from such inheritance.11

11 Snyder, 9,881; Wilson, 6,901; Dakota Code, 3,407 (1887).

12 Snyder, 8.992; Wilson, 6,902, Dakota Code, 3,408 (1887).

18 Snyder, 8,993; Wilson, 6,903; Dakota Code, 3,409 (1887).

14 Snyder, 8.994; Wilson, 6,904; California, 1,394 (Kerr), identical; Estate of Smith, 131 Cal. 433, 63 Pac. 729; Estate of Pearson, 110 Cal. 524, 42 Pac. 960.

Sec. 530. Advancement of child's part.

Any estate, real or personal, given by the deceased in his lifetime, as an advancement to any child or lineal descendant, is a part of the estate of the decedent for the purpose of division and distribution thereof among his issue, and must be taken by such child, or other lineal descendant, toward his share of the estate of the decedent."

Sec. 531.

Advancement Excess not refunded.

If the amount of the advancement exceeds the share of the heir receiving the same, he must be excluded from any further portion in the division and distribution of the estate, but he must not be required to refund any part of such advancement; and, if the amount so received is less than his share, he is entitled to so much more as will give him his full share of the estate of the decedent.18

Sec. 532. Advancement defined.

All gifts and grants are made as advancements if expressed in the gift or grant to be so made, or if charged in writing as an advancement, or acknowledged in writing as such by the child or other successors, or heirs.1

Sec. 533. Advancement-Expressed value governs, when.

If the value of the estate so advanced is expressed in the conveyance, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of that value in the division and distribution of the estate; otherwise it must be estimated according to its value when given, as nearly as the same can be ascertained.18

15 Snyder, 8,995; Wilson, 6,905: Dakota Code, 3,411 (1887).

16 Snyder, 8,996; Wilson, 6,906; Dakota Code, 3,412 (1887).

17 Snyder, 8,997; Wilson, 6,907; Dakota Code, 3,413 (1887).

18 Snyder, 8,998; Wilson, 6,908; Dakota Code, 3,414 (1887).

Sec. 534. Advancement-When the descendant receiving it dies before decedent.

If any child or other lineal descendant receiving an advancement dies before the decedent, leaving issue, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representatives of the heirs receiving the advancement, in like manner as if the advancement had been made directly to them.19

Sec. 535. Inheritance by representation.

Inheritance or succession by right of representation takes place when the descendants of any deceased heir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents.20

Sec. 536. Aliens may inherit.

Aliens may take in all cases by succession as well as citizens. And no person capable of succeeding under the provisions of this chapter is precluded from such succession by reason of the alienage of any relative.21

Sec. 537. An estate escheats, when-Subject to what charges. If there is no one capable of succeeding under the preceding sections, and the title fails from a defect of heirs, the property of the deceased devolves and escheats to the State; and an action for the recovery of such property, and to reduce it into the possession of the State, or for its sale and conveyance may be brought by the county attorney in the district court of the county, or Federal subdivision in which the property is situated. Real property passing to the State, under the preceding provision, whether held by the

19 Snyder, 8,999; Wilson, 6,909; Dakota Code, 3,415 (1887).

20 Snyder, 9,000; Wilson, 6,900.

21 Snyder, 9,001; Wilson, 6,911; Dakota Code, 3,417 (1887).

State, or its grantees, is subject to the same charges and trusts to which it would have been subject if it had passed by succession.22

Sec. 538. Heirs must pay obligations of decedent.

Those who succeed to property of a decedent are liable for his obligations in the cases and to the extent prescribed by the probate code.23

Sec. 539. The order of succession-Wife and childrenLineal descendants.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, it descends and must be distributed in the manner following:

If the decedent leave a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband or wife and child, or issue of such child. If the decedent leave a surviving husband or wife, and more than one child living, and the lawful issue of one or more deceased children, one-third to the surviving husband or wife and the remainder in equal shares to his children and the lawful issue of any deceased child, by right of representation; and if there be no child of the decedent living at his death, the remainder goes to all of his lineal descendants; and if all the descendants are in the same degree of kindred to the decedent, they share equally, otherwise, they take according to the right of representation.24

Sec. 540. Where decedent was married more than once. When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of it by will, it descends and must be distributed:

22 Snyder, 9,002 and 9,003; Wilson, 6,912 and 6,913; Dakota Code, 3,418 and 3,419 (1887).

23 Snyder, 8,904; Wilson, 6,914; Dakota Code, 3,419 (1887).

24 Snyder, 8,985; Act of March 20,