CONSTITUTIONAL COURT, COLUMBIA,
APRIL, 1807.
Shaffer and Wife v. Nail, Administrator, et al.
The real and personal estates of an intestate, are to be distributed by the same rules; and, therefore, a maternal aunt of the intestate was held intitled to the real estate of the intestate, which he inherited from his father, in preference to children of the intestate’s paternal uncle.
On partition, the case was thus: Daniel Nail died intestate, in 1801, leaving two maternal aunts, his next of kin, one of whom intermarried with Shaffer, the petitioner in partition. The demandants claimed a moiety of the intestate’s lands, which lands the intestate inherited from his father, Caspar Nail. It ap-appeared that Caspar had intermarried with --- Shaw, the mother of Daniel, the intestate, whose two sisters survived the intestate Daniel, and claimed the land as next of kin to the intestate. It farther appeared that Caspar Nail had two brothers and two sisters, who had issue living at the time of the intestate’s death, who laid claim to the land, in opposition to the claim of the intestate’s aunts. The demand in question, was contested in Edgefield district, before Teezevant, J., who decided in favor of the demandants.
The motion in this court was to reverse the decision of the District Court, and was argued by Dozieh, for the defendants, who insisted that it was a principle of the law of inheritance or succession, that upon failure of issue in the last proprietor of lands, the estate shall descend or go to the blood of the first purchaser, or perquisitor, of the estate. However, as the collateral relations of Daniel, the intestate, ex parte materna, may claim the inheritance, on the ground that the estate was an ancient estate, or held at ul feudum antiquum, it may be necessary to resort to another objec-*161íion, viz., that the relations of the intestate, on the mother’s side, shall not be admitted to succession, before those on the father’s side. It is a principle of law, that the relations on the father’s side shall be admitted to succeed in infinitum, before those on the mo. ther’s side are admitted at all.N Lit. 8, 4. The children of the in. testate’s paternal uncle and aunt, are at least intitled to divide the estate with the maternal aunts. <
Per\ curiam.
The act for the abolition of the rights of primogeniture, and for the giving an equitable distribution of the real estates of 'intestates, has established other principles and rules of inheritance?, than those laid down by the Jaw3.of England. By our law, asá ¿’now stands, estates may lineally ascend, as well as descend ; and in case there shall be no lineal descendants, or descendant, nor widow, nor brother, nor sister, of the intestate, his estate shall go to his nest of kin. The next .of kin referred to, or pointed at in the act, are to be ascertained by the same rules of consanguinity, by which letters of administration are granted, or by which personal estates are distributed, viz., according to the computation of the civilians, or rules of the Roman law. Real and personal estates are distributable in the same manner by our law; and representations are not admitted among collaterals, beyond brothers and sisters children. The children of a deceased brother or sister shall be intitled to take that share which their ancestor would have been intitled to if he had survived the intestate, jure represent ationis ; bat not the children of an uncle or aunt.
Decision of District Court confirmed.