In all the states, realty descends to all the legitimate children of deceased living at his death, and to the descendants of deceased children, these latter taking per stirpes, and not per capita, that is, the descendants of each child taking what their ancestor would have taken had he been alive, without reference to their number.18 In case all the children of the intestate are dead, the grandchildren and issue of deceased grandchildren inherit in their place. Such descendants take per stirpes if they are not all in the same degree of relationship to the intestate, as when some are grandchildren and some are great-grandchildren, while, if they are all in the same degree of relationship, they take in some states per capita, though in other states per stirpes.19

16b. Landic v. Simmons, 1 App. D. C. 507; Mcdaniel v. Allen, 64 Miss. 417, 1 So. 356; Mo-kay v. Hendon, 7 N. C. 209.

16c. Ante, Sec. 193.

16d. Watkins, Law of Descent (4th Ed.) 233; Anon. Cro. Eliz. 431, pl. 6; Gilpin v. Hollings-worth, 13 Md. 190, 56 Am. Dec. 737; Biedler v. Biedler, 87 Va.

300, 12 S. E, 753; Mcafee v. Gilmore, 4 N. H. 391'. 17. See Trustees of University v. Holstead, 4 N. Car. 289.

18. 1 Stimson's Am. St. Law, Sec. 3101.

19. 1 Stimson's Am. St. Law, Sec.Sec. 3103, 3137; 1 Dembitz, Land Titles, Sec. 33.