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If the decedent shall have been married more than once, the spouse at the time of death shall inherit of the property not acquired during coverture with such spouse, only an equal part with each of the living children of decedent, and the lawful issue of any deceased child by right of representation.20

Sec. 541. Where decedent leaves no surviving husband or wife.

If a decedent having title to any estate not otherwise limited by marriage contract, dies intestate, leaving no surviving husband or wife, but lawful issue, the whole estate goes to such issue, and if such issue consists of more than one child living, or one child living and the lawful issue of one or more deceased children, then the estate goes in equal shares to the children living and the issue of the deceased child or children by right of representation.26

Sec. 542.

Where decedent leaves no issue.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if he leave no issue, the estate goes one-half to the surviving husband or wife, and the remaining onehalf to decedent's father or mother, or, if he leave both father and mother, to them in equal shares. If there be no father then one-half goes, in equal shares, to the brothers and sisters of the decedent and to the children of any deceased brother and sister, by right of representation. If decedent leave no issue, nor husband or wife, the estate must go to the father or mother, or if he leave both father and mother, to them in equal shares.27

25 Snyder, 8,985; Act of March 20. 1909.

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

27 Snyder, 8,985; Act of March 20, 1909.

Sec. 543. Where property acquired by joint industry of husband and wife.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, in all cases where such property is acquired by the joint industry of husband and wife during coverture, and there is no issue, the whole estate will go to the survivor, at whose death, if any of the said property remain, one-half of such property will go to the heirs of the husband and one-half to the heirs of the wife, according to the right of representation.28

Sec. 544. Where there is no issue, no husband, no wife, no father and no mother.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of it by will, if there be no issue, nor husband, nor wife, nor father nor mother, then the same shall descend in equal shares to the brothers and sisters of the decedent, and the children of any deceased brother or sister by right of representation; if the decedent, being a minor, leave no issue, the estate must go to the parents equally, if living together; if not living together, to the parent having had the care of such deceased minor.29

Sec. 545. Where there is no issue, no husband, no wife, no father, no brother and no sister.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if the decedent leave no issue, nor husband nor wife, nor father and no brother or sister is living at the time of his death, the estate goes to his mother, to the exclusion of the issue, if any, of deceased brothers and sisters.30

28 Snyder, 8,985; Act of March 20, 1909.

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

30 Snyder, 8,985; Act of March 20, 1909.

Sec. 546. Where decedent leaves a surviving husband or wife, no issue, no father, no mother, no brother

and no sister.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if the decedent leave a surviving husband or wife and no issue, and no father nor mother nor brother nor sister, the whole estate goes to the surviving husband or wife. 31

Sec. 547. Where decedent leaves no issue, no husband, no wife, no father, no mother, no brother, no sister. When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if the decedent leave no issue, nor husband nor wife and no father or mother, nor brother nor sister, the estate must go to the nearest of kin in equal degree, excepting that there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors must be preferred to those claiming through an ancestor more remote, however."

Sec. 548. Where the decedent leaves several children, or one child and the issue of one or more children, and any such surviving child dies under age and not having been married, holding an estate of inheritance.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if the decedent leave several children, or one child, and the issue of one or more children, and any such surviving child dies under age, and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in equal shares to the other

31 Snyder, 8,985; Act of March 20, 1909.

32 Snyder, 8,985; Act of March 20, 1909.

children of the same parent, and to the issue of any such other children who are dead, by right of representation.33

Sec. 549. Where decedent dies under age, unmarried, and all the other children of his parents are dead and

any of them have lawful issue, leaving an estate of inheritance from his parents.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if, at the death of such child, who dies under age, not having been married, and all the other children of his parents are also dead, and any of them have lawful issue, the estate that came to such child by inheritance from his parent descends to the issue of all other children by the same parent; and if all the issue are in the same degree of kindred to the child, they share the estate equally, otherwise, they take according to the right of representation.3*

Sec. 550. The estate will escheat, when.

When any person having title to any estate not otherwise limited by marriage contract, dies without disposing of the estate by will, if the decedent leave no husband, wife or kindred, the estate escheats to the State for the support of common schools.35

Sec. 550a. Change in statutes of Oklahoma.

Attention is here called to the fact that the law of descent as it was at statehood has been since modified materially by the Legislature, and the modification is to be carefully observed.36

33 Snyder, 8,985; Act of March 20, 1909.

34 Snyder, 8,985; Act of March 20, 1909.

35 Snyder, 8,985; Act of March 20, 1909.

36 See Wilson's Stat., 1903, and the foregoing.

2. TITLE BY DESCENT FOR FIVE CIVILIZED TRIBES.

SECTION

551. Descent for Creek, Cherokee,

Choctaw, Chickasaw and
Seminole nations.

Sec. 551. Descent for Creek, Cherokee, Choctaw, Chickasaw

and Seminole nations.

The subject of descent for each of these nations is discussed under separate chapters, under the topic of Indian Land Laws. For Creek law of descent, see Sec. 1735, and following; for Cherokee law of descent, see Sec. 1817, and following; for Choctaw and Chickasaw law of descent, see Sec. 1776, and following, and for the law of descent for the Seminole Nation, see Sec. 1842, and following.

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