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Updated: June 17, 2025
They give to the administrator the requisite authority to settle the estate. Taking property by descent, is the receiving of it from an ancestor or other relative dying intestate. If a person dies without making a will, his property falls, or descends to his lawful heirs. The order or rule of descent is not uniform in this country, being determined, to a great extent, by the laws of the states.
He never carried out his threat of disinheritance, but died intestate, and thus the grandson came to his own. The new Lord Blandamer was no longer young when he returned; years of wild travel had hardened his face, and made his heart self-reliant, but he came back as romantic as he went away.
This house and estate of some thirty acres was afterwards sold by the rev. intestate, John Haygarth, shortly after his coming of age, and within a year of his mother's death. This much and no more could I extort from the oldest inhabitant relative to the latter days of our Matthew. Respecting his wild youth I obtained the following crumbs of enlightenment.
Upon further inquiry, I found this person's name was Miss Biddy Gripewell; that her father, who had been a pawnbroker, died intestate, by which means all his substance descended to his daughter, who was so little a favourite that, could the old man have prevailed with his own rapacious disposition to part with as much money as would have paid the expense of a will, she would not have inherited the sixth part of his fortune; that during his life, far from being educated in a way suitable to such great expectations, she was obliged to live like a servant wench, and do the most menial offices in the family.
The matter of intestate succession may well claim our attention; for therein we shall see what powers of inheritance were given the female sex.
And who could tell but that her husband might die intestate? and then all his wealth would become hers by law. Thus did he reason with himself. "Well, my lord you do not reply?" exclaimed the robber-captain, impatient of the long silence which had followed his explanations. "Are you content to abide by the conditions I ere now proposed?" "Perfectly content," answered the marquis.
The bill then shows that Sarah Fielding did die intestate; and that then Henry and his sisters and brother "being all Infants of tender years and uncapable of managing their own affairs and to take Care thereof, well hoped that ... their Trustees would have taken Care to receive the Rents of the said premises," and have applied the same for their maintenance and education.
The cause was simply, that a relation, a very distant one, to whom he was heir, had died intestate, leaving a considerable fortune. Darnford, who still pursued his enquiries, at last discovered that they had fixed their place of refuge at Paris.
Thus, suppose an intestate had three sons, one of whom is dead, but has left children. In this case, each of the sons living would share one-third of the property, and the children of the deceased son the remaining third. But if the children are all dead, and there are grand-children living, the grand-children share equally, though not an equal number are children of each parent.
2 and afterwards, very full provisions were made by the SC. Tertullianum, enacted in the time of the Emperor Hadrian, and relating to the melancholy succession of children by their mothers, though not by their grandmothers, whereby it was provided that a freeborn woman who had three or a freedwoman who had four children should be entitled to succeed to the goods of her children who died intestate, even though herself under paternal power; though, in this latter case, she cannot accept the inheritance except by the direction of the person in whose power she is.
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