332 INHERITANCE. [ART. 47

sisters of the half blood and their descendants in equal degree
equally.

21. If no brother or sister of the whole or half blood, or any
descendant from such brother or sister, then to the father, and
if no father living, then to the mother, and if no mother living,
then to the grandfather on the part of the father, and if no such
grandfather living, then to the descendants of such grandfather
in equal degree equally.

22. If no such grandfather or any descendant from him, then
to the grandfather on the part of the mother, and if no such
grandfather, then to his descendants in equal degree equally;
and so on without end, alternating the next male paternal an-
cestor and his descendants, and the next maternal ancestor and
his descendants, and giving preference to the paternal ancestor
and his descendants.

23. If there be no descendants or kindred of the intestate
as aforesaid, to take the estate, then the same shall go to the
husband or wife as the case may be, and if the husband or wife
be dead, then to his or her kindred in the like course as if
such husband or wife had survived the intestate and then had
died entitled to the estate by purchase; and if the intestate
has had more husbands or wives than one, and all shall die
before such intestate, then the estate shall be equally divided
among the kindred of the several husbands or wives in equal
degree equally.

24. But where a trustee in fee tail or fee simple of any lands,
tenements or hereditaments, who shall be seized of the naked
legal estate therein, without having or being entitled to any
beneficial interest or estate whatsoever in the said lands,
tenements and hereditaments, shall die, the said legal estate
shall be deemed and taken to have descended to such person
or persons as would have been the heirs of such trustee at
common law.

25. No right in the inheritance shall accrue to or vest in any
person other than to children of the intestate, and their descend-
ants, unless such person is in being, and capable in law to take
as heir at the time of the intestate's death, but any child or de-
scendant of the intestate, born after death of the intestate, shall