Marquette Law Review Volume 11 Article 3 Issue 2 February 1927 Outline of the Law of Descent Thomas A. Byrne Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Thomas A. Byrne, Outline of the Law of Descent, 11 Marq. L. Rev. 79 (1927). Available at: http://scholarship.law.marquette.edu/mulr/vol11/iss2/3 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. OUTLINE OF THE LAW OF DESCENT THo MAs A. BYRNE I. THE NATURE oF DESCENT A. Descent, at common law, is the title whereby a man on the death of his ancestor, acquires his ancestor's estate by right of repre- sentation, as his heir at law.' B. Under our modern statutes the term "descent" includes the course of transmission, by operation of law, of both real and personal property, when the owner of the property dies intestate, or his prop- 2 erty or any part of it is deemed to be intestate. C. Consanguinity is the relation of persons who are descended from the same stock or common ancestor. It may either be lineal or col- lateral. i. Lineal consanguinity is that relationship which exists- between those who descend in a direct line, one from the other, as grand- father, father, son and grandson. 2. Collateral consanguinity is that relationship which exists between those who lineally spring from one and the same ancestor, such as in the case of all the grandchildren of a certain ancestor.