WYAVASTHAT-DARPANA 197 85. If the nephews and sons of nephews, whose fathers and grandfathers are dead, be numerous, then in conformity with the rule regarding the relations of the whole and half blood, and the re-united and disjoined parceny, they shall equally inherit the deceased owner's estate, which shall be divided among them with reference to their own number, and not to that of their fathers." Iłecause they equally confer benefits on the deceased ; and because there is no positive text ordaining that the right of representation exists in the succession of nephews and other heirs as in that of the grandsons. Legal opinions delivered in, and admitted by, the sereral Courts of Judicature, and tramined und approved of by Sir William Macnaghten. Q. A sidra family consisted of three brothers, the eldest of whom died leaving two sons, the second a widow, and the youngest three sons. The youngest son of the eldest brother died leaving a son, and thcm the widow of the second brother. Now all of the survivors above mentioned claim a share of the widow's estate. In this case, are they all entitled to the succession; and if so, what is the extent of their respective shares? - R. On the death of the widow of the second brother, the property left by her will be equally shared by all the sons of her husband's brothers. The grandson of her husband's eldest brother is excluded bv thern. City of Dacca. Ch. I. Sec. 5. Case 2, (p. 67). Q. 1. A Brühman had a family by his two wives ; by the senior wife he had a son and three daughters, and by the junior sour sons and two daughters. The father during his life-time made a partition of his property. and assigned five equal portions to his five daughters, and five to his five sons, and died. All the sons and daughters took possession of their shares of the paternal estate. The four sons by the younger wife died, leaving no male issue, and their mother enjoyed her sons' shares of the property, and died. Now there are the original proprietor's grandson by his senior wife, and a daughter by his junior wife living. In this case, which of the survivors is entitled to succeed to the portions which belonged to the original proprietor's four deceased sons by his junior wife, and which devolved on their mother by right of inheritauce : R. 1. Supposing the Brithman to have divided his real and personal estate among his cliildren, viz., a son by his elder wife, and four sons by the younger one, and five daughters, and the sons to have enjoyed their respective shares, and the four sons by the younger wife to have died, leaving no heirs down to daughters' sons, their mother was entitled to their assets. If at the mother's death,their uterine sister and half brother's son were living, then their half brother's son is entitled to the succession. provided there he no heir down to the whole brother's sou existing, and the sister is excluded from participation. ». * Q. 2. Supposiug tħe daughter of the younger wife to have boine a son, in this case. is the daught r's son ontitled to inherit front his timeles . R. 2. Where a sister's son and a son of the half brother are living the forum, r I.is no right of inheritance. Zillalı 24-Perguunalis. December 2uth 1816. (‘h. l. Sect. 5, ('ase :3. (pp t57. G3).
- See Maru. H. I. Vol. 1. p. <r.
X 2 \ yva*ha' licator. A hi ot} - r's son excl; des a brother's glaudevil. An * «tia! prop^rt v *•rivv i to a woman from her son, will at litr deatlı go to his half brother's so: , to the ext lushon of his sister.
