Estate Of Locke

813 A.2d 1172 (2002)

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Nature of the Case

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Facts

Locke died intestate. She had no spouse, children or siblings; her parents and her maternal and paternal grandparents were deceased. The nearest kin were the descendants of her maternal and paternal grandparents. Locke was survived by Ds, both of whom are first cousins of the decedent on the material grandparent side (fourth degree of kinship). On her paternal grandparent side, it was Ann, Carl, Frank, and Raelene (Ps). Ps were first cousins once removed of the decedent (fifth degree of kinship). The administratrix of the estate filed a petition for determination of heirs. The probate court ruled that both roots were entitled to a distribution of one-half of Locke's estate, that each side took equally per the root. Ds appealed. Ds argue that the statutes provide that first cousins (fourth degree) are entitled to the entire estate to the exclusion of first cousins once removed (fifth degree) because no representation is allowed to collaterals beyond the fourth degree.