The Law of Adoption in the United States, And Especially in Massachusetts / With An Appendix Containing the Massachusetts Act of 1876

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91, § 12, it is declared, that, " inheritance or suc- cession 'by right of representation,' takes place when the de- scendants of a deceased heir take the same share or right in the estate of another person, that their parent would have taken if living." It is in virtue of this rule that grand-children of an intestate, take a share when they have living uncles or aunts j or that nephews and nieces succeed to a share in the estate of uncles or aunts. Yet among next of kin of equal degree there i...s no allowance made for this right.
It would seem to be an anomaly in the Massachusetts law that if a man leave an adopted child, then on the decease of the adopter's father, this child might take or not according to whether any brother or sister of the adopter was alive, If living, the adopted child would be excluded as claiming by right of representation ; if dead, he might claim as a lineal descend- ant in the rank of grand-children.
SCOPE AND PROVISIONS. 83 So if a brother of the adopter died, intestate without issue and without father.


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