ibed by the CODE OF CIVIL PROCEDURE. ARTICLE II. SUCCESSION TO REAL PROPERTY. 540. The real property of every person w wl ffectually devising the same, vests, subject ribed in this Title: In the nearest lineal descendant of the d uccessors of those who are deceased; In the father; In the mother; In the nearest collateral relatives, and th hose who are deceased On a defect of such heirs, in the people o Lineal de scendants in equal and un equal degrees. When the father succeeds. When the mother succeeds. Collaterals of father and mother. § 841. Property of a decedent who leaves several lineal descendants, entitled to share in the property, vests in them in equal shares, if they are of equal degrees of consanguinity; if they are of unequal degrees of consanguinity to him, each of those who are of the nearest degree take the share to which he would have been entitled had all the descendants in the same degree, who have died leaving issue, been living; and the issue of the deceased descendants respectively take the shares which such descendants would have received if living. § 842. If the decedent has died without descendants, and leaving a father, the property vests in the father, unless it came to the decedent on the maternal side and the mother is living; but if the mother is dead, such property vests in the father for life, and on his decease in the brothers and sisters of the decedent, and their descendants, according to the rule provided in sections 825 and 826, if there are any, but if there is no such brother or sister or their descendants living, the property vests in the father in fee. 843. If the decedent has died without descendants and leaving no father, or leaving a father not entitled to succeed under the preceding section, and leaving a mother, and a brother or sister, or the descendant of a brother or sister, the property vests in the mother during her life, and on her decease, in the brothers and sisters of the decedent, and their descendants, according to the rule herein before provided, if any there are, but if there is no such brother or sister or their descendant living, the property vests in the mother in fee. 844. If the decedent has died without descendants, leaving no father or mother, and no brother or sister, or their descendant, capable of succeeding to the property, it vests in the collaterals as follows: OF THE STATE OF NEW YORK. of father, ferred. 131 1. If it came to him on the paternal side, it vests in the collaterals nearest collaterals of the father and the successors of those when prewho are deceased, according to the rules prescribed in sections 825 and 826, in regard to relatives of equal and unequal degrees of consanguinity; and if there are no such collaterals of the father of the decedent, entitled to suc ceed, it vests in the nearest collaterals of the mother of the decedent, and the successors of those who are deceased, according to the same rules. of mother, when pre 2. If it came to him on the maternal side, it vests in the Collaterals nearest collateral relatives of the mother, and the successors ferred. of those who are deceased; and if there are no such collaterals of the mother, entitled to succeed, the property vests in the nearest collaterals of the father, and the successors of those deceased, according to the same rules. both suc 3. If the property came to the decedent neither on the When paternal nor the maternal side, it vests in the nearest collat. ceed. erals of the father, and the successors of those deceased, and the nearest collaterals of the mother, and the successors of those deceased, according to the same rules. heirs, how § 845. Whenever real property, or a share thereof, vests Several in several persons under the provisions of this Title, they they hold. take, as tenants in common, in proportion to their respective rights. § 846. This Title does not affect any limitation of any Certain esestate by deed or will. tates, etc., not to be affected. པ་ living" ing died," "paternal § 847. The terms as used in this Title, "living" and Terms "having died," refer to the time of the death of the dece. and "hav-, dent; and the terms "where the property came to the de- side," etc. cedent on the paternal side," or "on the maternal side," include every case where it came to the intestate by devise, gift or succession from the parent referred to, or from any relative of the blood of such parent. The term “next of kin" includes only relatives by blood. Dower. Curtesy. Law of § 848. A widow shall be endowed of the third part of all the lands whereof her husband was seized in his own right of an estate of inheritance, at any time during the marriage, to the extent and subject to the exceptions and limitations provided by law. $849. A husband shall have curtesy in the lands whereof his wife died seized in her own right of an estate of inheritance to the extent and subject to the limi tation provided by law. § 850. The law of the place where real property is situ lates suc- ated regulates the succession to the same. place regu cession. If the deceased leave a widow and no t, brother or sister, nephew or niece, the titled to the whole surplus, but if there ster, nephew or niece, and no descenda vidow shall be entitled to a moiety of th e provided, and to the whole of the resi not exceed two thousand dollars; if th that sum she shall receive, in addition to thousand dollars; and the remainder ted to the brothers and sisters and thei If there be no widow, then the whole su ributed equally to and among the children lly represent them; . In case there be no widow and no children tatives of a child, then the whole surplus uted to the next of kin in equal degree to their legal representatives; . If the deceased shall leave no children a tatives of them, and no father, and shall le da mother, the moiety not distributed to |