3. If all such brothers and sisters shall have died, to their descendants.

4. If there be no such brothers or sisters of such father, nor any descendants of such brothers or sisters, to the brothers an sisters of the mother of the intestate, and to the descendants of such as shall have died, or if all have died, to their descendants.

But, if the inheritance shall have come to the intestate on the part of his mother, it shall descend to her brothers and sisters and their descendants; and if there be none, to the brothers and sisters of the father and their descendants, in the manner aforesaid.

If the inheritance has not come to the intestate on the part of. either father or mother, it shall descend to the brothers and sisters both of the father and mother of the intestate, and their descendants in the same manner.

In all cases mentioned in this section the inheritance shall descend to the brothers and sisters of the intestate's father or mother, as the case may be, or to their descendants in like manner as if they had been the brothers and sisters of the intestate.

§ 289. Illegitimate children. If an intestate who shall have been illegitimate die without lawful issue, or illegitimate issue entitled to take, under this section, the inheritance shall descend to his mother; if she be dead, to his relatives on her part, as if he had been legitimate.

If a woman die without lawful issue, leaving an illegitimate child, the inheritance shall descend to him as if he were legiti mate.

In any other case illegitimate children or relatives shall not inherit.

§ 290. Relatives of the half-blood-Relatives of the halfblood and their descendants, shall inherit equally with those of the whole blood and their descendants, in the same degree, unless the inheritance came to the intestate by descent, devise or gift from an ancestor; in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.

§ 291. Cases not hereinbefore provided for.-In all cases not provided for by the preceding sections of this article, the inberitance shall descend according to the course of the common law.

§ 292. Posthumous children and relatives.-A descendant or a relative of the intestate begotten before his death, but born thereafter, shall inherit in the same manner as if he had been born in the lifetime of the intestate and had survived him.

§ 293. Inheritance, sole or in common.-When there is but one person entitled to inherit, he shall take and hold the inheritance solely; when an inheritance or a share of an inheritance descends to several persons they shall take as tenants in commou, in proportion to their respective rights.

§ 294. Alienism of ancestor.-A person capable of inheriting under the provisions of this article, shall not be precluded from such inheritance by reason of the alienism of an ancestor.

§ 295. Advancements.- If a child of an intestate shall have been advanced by him, by settlement or portion, real or personal property, the value thereof must be reckoned for the purposes of descent and distribution as part of the real and personal property of the intestate descendible to his heirs and to be distributed to his next of kin; and if such advancement be equal to or greater than the amount of the share which such child would be entitled to receive of the estate of the deceased, such child and his descendants shall not share in the estate of the intestate; but if it be less than such share, such child and his descendants shall receive so much, only, of the personal property, and inherit so much only, of the real property, of the intestate, as shall be sufficient to make all the shares of all the children in the whole property, including the advancement, equal.

The value of any real or personal property so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise it must be estimated according to the worth of the property when given.

Maintaining or educating a child, or giving him money without a view to a portion or settlement in life is not an advancement. An estate or interest given by a parent to a descendant by virtue of a beneficial power, or of a power in trust, with a right of selection, is an advancement.

§ 296. How advancements adjusted.-When an advancement to be adjusted consisted of real property, the adjustment must be made out of the real property descendible to the heirs. When it consisted of personal property, the adjustment must be made out of the surplus of the personal property to be distributed

to the next of kin. If either species of property is insufficient to enable the adjustment to be fully made, the deficiency, must be adjusted out of the other.

ARTICLE X.

Laws Repealed; When to Take Effect.

Section 300. Laws repealed.

301. When to take effect.

Section 300. Laws repealed.—Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed.

§ 301. When to take effect. This chapter shall take effect on October 1, 1896.

SCHEDULE OF LAWS REPEALED. Revised Statutes, part II, chapters 1, 2, 3...

All, except §§ 5, 6,

7 of tit. I of ch. 1,

and § 63, tit. II,

ch. 1.

Revised Statutes, part II, chapter 7, title I.. All.

'AN ACT to repeal certain acts and parts of acts. BECAME a law May 12, 1890, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.

§ 2. Saving clause. The repeal of a law or any part of it speci-. fied in the annexed schedule shall not affect or impair any act done or right accruing, accrued or acquired or penalty, forfeiture or punishment incurred prior to the time when this act takes ef fect under or by virtue of the laws so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such laws had not been repealed; and all actions or proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending on the first day of June, eighteen hundred and ninety-six, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing unless it shall be otherwise specially provided by law.

§ 3. This act shall take effect on the first day of June, eighteen hundred and ninety-six.