VAUGHAN, ETC N EW S L E T T ER
November 1989
EDITOR; Verna Baker Banes
Page 75
Mary Gregg to Verna Banes - August 1989
Fami1y Puzzlers. No. 006. October 11, 1904. Pagas 9 - 12.
THOSE MHO INHERITED FROM AM INTESTATE
WERE 'LIMITED BY LAW. ACCORDING TO DESCENT OF KINSHIP
During our colonial period the laws of doscont wero similar in the colonies to those In -force
in the mother country often referred to as "the "Common Law". Certain kin of an interstate
received priority in inheriting.
Here is the law as applied during the colonial period, taken from Oliver H. Prince's DIGEST,
OF THE- LAWS OF. GEORGIA 1822.
FIRST DEGREE: Widow and children, or other lineal descendants of the intestate.
SECOND DEGREE: The father, brothers and sisters of tha whole blood, and siblings the
FATHER may have had by a former wife. and their children; the mother, of the Intestate
"if still unmarried" (I.e.. widow of the Intestate's father).
THIRD DEGREE: Mother of the intestate if she had remarried sibllngs of the maternal
half-blood, and their children.
FOURTH DEGREE: First cousins of the Intestate.
FIFTH DEGREE: Grandparents of tho Intestate; aunts and uncles.
SIXTH DEGREE: Great-grandparents, great aunts and great uncles; children and grandchildren
of great aunts and uncles; chlldren of first cousins; grandchildren of the Intestate's siblings.
SEVENTH DEGREE: Siblings of great grandparents, and children, grandchildren.and great
grandchildren of these siblings of great grandparents; grandchildren of intestate's parents' first
cousins; grandchildren of intestate's first cousins; great grandchiIdren of intestate's siblings.
An unmarried Intestate would have no heirs of the first degree. There might also be t-imes when
the single intestate outlived his or her parents.and all siblings; this estate would have been divided
amont the nieces and nephews, or if none wou1d go to cousins
If the court could find no persons who were kin to an intrestate, then the estate ESCHEATED to
the colony or state. The proceeds of the Intestate's estate would be turned over to the colonial or
state's treasurer. If at some later time an heir appeared, and could lay claim to all or a portion of the
estate, the. colony or state turned over the escheated funds.
You must keep in mind that the Intestate's residual estate was divided ACCORDING TO LAW.
The lack of a will demanded that the estate be divided SPECIFICALLY AS THE LAW DIRECTED.
Many equity and chancery suits arose, and can be followed through the records, because the plaintiffs
believed that the law of descents was not followed.
In following your intestate ancestor's estate,you must collect evidence of all payments to HEIRS.
Children and grandchildren of deceased heirs can appear in your records. The problem then becomes
one of determining how many portions the estate was divided into. Heirs of heirs would then have to
share the portion their ancestor would have inherited during the period, generally before the Civil War
in the South, the married woman would NOT inherit as an heir. Her HUSBAND was the heir and gave
his receipt to the Administrator, though sometimes the husband stated that he inherited "in right of my wife"
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