23 N.J. Eq. 558 | N.J. | 1872
The opinion of the court was delivered by
This appeal is from the decree of the Ordinary, dismissing an appeal from a decree of distribution of the Orphans Court
Besides, we have no doubt that the Orphans Courts of the state have followed that construction. The same, we think, is also justified by the natural reading of the statute. It was intended in section thirteen that, whenever the estate in whole, or in part, (whether a widow or not,) goes to col-laterals, the right to take by representation, among them, should be limited to the children of the intestate’s brothers and sisters.
Under this view, the appeal of the Ordinary was properly dismissed, and his decree should be affirmed, with costs, to be paid by the appellants.
The whole court concurred.