MATTER OF ESTATE OF MONAGHAN


123 A.2d 242 (1956)

Matter of The ESTATE of John J. MONAGHAN, Deceased.

Orphans' Court of Delaware, New Castle.

June 1, 1956.


Attorney(s) appearing for the Case

Thomas J. Healy, Jr., Wilmington, for the administrator.

Bernard Hessler, Jr., Wilmington, by appointment of the Court.

Albert J. Stiftel, Wilmington, by appointment of the Court.


LAYTON, Judge.

In the absence of a wife, issue, parent, brother, sister or issue of brother or sister, Title 12 Del.C. § 512(5) provides that the intestate's personal estate should be distributed "to the next of kin of the intestate, in equal degree, and the lawful issue of such kin as shall have died before the intestate." The three claimants are next of kin in equal degree.

The civil law must be used in determining degrees of consanguinity. Title 12...

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