ren be dead, the heirs of such child shall
inherit his share in accordance with the rules herein prescribed in the
same manner as though such child had outlived his parents. [Sec.3658.] The
mother of a child which dies while both of its parents are living
cannot, upon the death of its father, claim any share in his estate, as
heir of such child.
[Sidenote: Wife and parents.]
If the intestate leave no issue, the one-half of his estate shall go to
his parents and the other half to his wife; if he leaves no wife, the
portion which would have gone to her, shall go to his parents, [Sec.3659.]
The one-third which the wife takes as her distributive share is all that
may be held exempt from debts. The additional share of the estate which
she takes in case there are no children, is subject to claims by
creditors of the husband.
[Sidenote: Surviving parents.]
If one of his parents be dead, the portion which would have gone to such
deceased parent, shall go to the surviving parent, including the portion
which would have gone to the intestate's wife had she been living.
[Sec.3660.]
[Sidenote: Heirs of parents.]
If both parents be dead, then the portion which would have fallen to
their share, by the above rules shall be disposed of in the same manner
as if they had outlived the intestate and died in the possession and
ownership of the portion thus falling to their share, and so on through
ascending ancestors and their issue. [Sec.3661.]
[Sidenote: Wife and her heirs.]
If heirs are not thus found, the portion uninherited shall go to the
wife of the intestate, or to her heirs if dead, according to like rules;
and if he has had more than one wife who either died or survived in
lawful wedlock, it shall be equally divided between the one who is
living and the heirs of those who are dead, or between the heirs of all,
if all are dead, such heirs taking by right of representation. [Sec.3662.]
[Sidenote: Advancement.]
Property given by an intestate by way of advancement to an heir, shall
be considered part of the estate so far as regards the division and
distribution thereof, and shall be taken by such heir, towards his share
of the estate at what it would now be worth if in the condition in which
it was given to him. But if such advancement exceeds the amount to
which he would be entitled, he cannot be required to refund any portion
thereof. [Sec.3663.] A gift to an heir by way of advancement, cannot be
considered as
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