
    WILLIAM FATHEREE vs. OBADIAH FATHEREE.
    Where an individual dies intestate, leaving no wife or descendants or brothers of the whole blood, •the brothor of the half blood inherits his estate, real and personal.
   OPINION OF THE COURT — by the

How. EDWARD TURNER.

This case presents but a single point for the consideration of the court. The plaintiff claims a distributive share of a deceased brother’s estate and has sued for it. He is a half brother of the defendant, and claims as an heir at law of Reding Fatheree, their brother, who died intestate, leaving, neither wife or descendants. The question arises under our statute of distributions, the language of which is this: “ there shall be no representation among collaterals, except with the descendants of the brothers and sisters of the intestate; and there shall in no case be a distinction, between the kindred of the whole and half blood, except the kindred of the whole blood in equal degree shall be preferred to the kindred of the half blood in the same degreeRev. Code, p. 41, sec. 50.

The other judges concur.  