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Updated: May 28, 2025
It is to be observed, however, that a grandchild or greatgrandchild is not a family heir, unless the person in the preceding degree has ceased to be in the power of the parent, either through having died, or by some other means, such as emancipation; for if at the time of a man's decease a son is in his power, a grandson by that son cannot be a family heir, and the case is exactly the same with more remote descendants.
2 and family heirs, as we said above, are those who were in the power of the deceased at the time of his death, such as a son or daughter, a grandchild by a son, or a greatgrandchild by such grandchild if a male, and this whether the relationship be natural or adoptive.
I should find my nose flying about the world, turning up unexpectedly here and there, dodging this branch of the family and re-appearing in that, now jumping over one greatgrandchild to fasten itself upon another, and never losing its individuality. Look at Andy. There 's Elkanah Elkins's chin to the life. Andy's chin is probably older than the Pyramids.
6 Where there is a son or daughter, and a grandchild by another son, these are called together to the inheritance, nor does the nearer in degree exclude the more remote, for it seems just that grandchildren should represent their father and take his place in the succession. Similarly a grandchild by a son, and a greatgrandchild by a grandson are called to the inheritance together.
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