CAREY, Judge.
This case presents the problem of whether our intestate statute requires a per capita division among nephews and nieces, or a per stirpes division based upon the number of brothers and sisters of the intestate, where none of those brothers and sisters survive.
This question was answered, as to personal property, by Chancellor Ridgely in Richard Baning's Will, Orph. Ct., 3 Del. Cas. 49 in the year 1822. The statute under which his decision was...
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