104 Mich. 11 | Mich. | 1895
This record raises the question of the right of grandchildren of a deceased brother to inherit a portion of the estate of the intestate, in a case where brothers and sisters of the intestate survived him. This depends upon the construction of the word “ children ” in the second subdivision of section 5772a, 3 How. Stat., which provides that—
“ If the intestate shall leave no issue, father, or mother, his or her estate shall descend, subject to the provision herein made for the widow or husband, if a widow or husband survive the deceased, in equal shares to his or her brothers and sisters, and the children of deceased brothers and sisters, by right of representation.”
How. Stat. § 2, subd. 1, provides that, in the construction of the statutes,—
“All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases, and such as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.”
The commonly accepted definition of the word “ child” is, “ a son or a daughter; a male or female descendant in the first degree.” Webst. Diet. “ Grandchildren ” are rarely called “children,” the word “descendants” being
In this connection we may profitably consider the statute under discussion. The first subdivision provides that property shall descend to the children of the intestate, and to the issue of any deceased child by right of representation. The same subdivision declares that, if no child of the intestate be living at his death, his estate shall descend to all his other lineal descendants, etc. Here it is noticeable
We do not feel justified in holding that the word u children,” where used in the statutes, has the same meaning as the word “issue” or “descendants,” and are constrained to affirm the judgment of the circuit court.