Chap. 143.—An ACT to amend and re-enact section 5264 of the Code of
Virginia, as amended by an act approved March 28, 1922, and section
5266 of the said Code, both in relation to descents. [H B 14]

Approved March 29, 1923.

1. Be it enacted by the general assembly of Virginia, That
section fifty-two hundred and sixty-four of the Code of Vir-
ginia, as amended by an act approved March twenty-eighth,
nineteen hundred and twenty-two, and section fifty-two hundred
and sixty-six of the said Code, be amended and re-enacted so as
to read as follows:

Section 5264. Course of descents generally—When any per-
son having title to any real estate of inheritance shall die intes-
tate as to such estate, it shall descend and pass in parcenary to
such of his kindred, male and female, as are not alien enemies,
in the following course:

First. To his children and their descendants.

Second. If there be no child, nor the descendant of any
child, then to his or her father and mother, or the survivor.

Third. If there be neither father nor mother, then to his
or her brothers and sisters, and their descendants.

Fourth. If none such, then the whole shall go to the sur-
viving consort of the intestate.
Fifth. If none such, then one moiety shall go to the paternal,
the other to the maternal kindred, of the intestate, in the follow-
ing course: . .

Sixth. First to the grandfather and grandmother, or the
survivor.

Seventh. If none, then to the uncles and aunts, and their
decendants.

Eighth. If none such, then to the great grandfathers or
great grandfather, and great grandmothers, or great grand-
mother.

Ninth. If none then to the brothers and sisters of the
grandfathers and grandmothers, and their descendants. |

Tenth. And so one, in other cases, without end, passing to
the nearest lineal ancestors, and the descendants of such an-
cestors.

Eleventh. If there be no paternal kindred the whole shall
go to the maternal kindred; and if there be no maternal kindred,
the whole shall go to the paternal kindred. If there be neither
maternal nor paternal kindred, the whole shall go to the kindred
of the husband or wife, in the like course as if such husband or
wife had died entitled to the estate.

Section 5266. When parties take per capita, and when per
stirpes.—Whenever those entitled to partition are all in the
same degree of kindred to the intestate, they shall take per
capita or by persons; and where, a part of them being dead and
a part living, the issue of those dead have right to partition,
such issue shall! take per stirpes or by stocks, that is to say, the
shares of their deceased parents.

2. An emergency existing, this act shall be in force from its
passage.