When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them. When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent's share. If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts to the next of kin of the intestate in equal degree, computing by the rules of the civil law. There shall not be any representation among collaterals, except among the descendants of the brothers and sisters of the intestate.
Codes, Hutchinson's 1848, ch. 44, art. 2 (50); 1857, ch. 60, art. 110; 1871, § 1948; 1880, § 1271; 1892, § 1543; 1906, § 1649; Hemingway's 1917, § 1381; 1930, § 1402; 1942, § 468; Laws, 1952, ch. 252, § 1.
Notes of Decisions
Est. of McCullough v. Yates, 32 So. 3d 403 (Miss. 2010).
· cites it 16× “See Miss.Code Ann. § 91-1-3 (Rev.2004). Section 91-1-3 states: When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants…”
Burley Ex Rel. Hill v. Douglas, 26 So. 3d 1013 (Miss. 2009).
· cites it 4× “Therefore, a person like Burley-who qualifies as a "statutory heir" under Section 91-1-3 by virtue of being Joshua and Jakura's grandfather does not qualify as a "listed relative" under Section 11-7-13, and would not have standing as such to bring a wrongful-death action.”
Matter of Est. of Ford, 552 So. 2d 1065 (Miss. 1989).
· cites it 4× “Miss. Code Ann. § 91-1-3 and 91-1-11 (1972).”
Prout v. Williams, 55 So. 3d 195 (Miss. Ct. App. 2011).
· cites it 4× “[4] According to Mississippi Code Annotated section 91-1-3 (Rev.2004), if the descendent dies intestate, the widow receives a child's share of the estate.”
Matter of Est. of Taylor, 609 So. 2d 390 (Miss. 1992).
· cites it 2× “Miss. Code Ann. §§ 91-1-3 , -11 and -15 (1972 and Supp.”
Rousseau v. Rousseau, 910 So. 2d 1214 (Miss. Ct. App. 2005).
· cites it 2× “See Miss.Code Ann. §§ 91-1-3; 91-1-7; 91-1-11 (Rev.”
Sarah Hodnett v. Timothy Hodnett, 269 So. 3d 317 (Miss. Ct. App. 2018).
· cites it 2× “See Miss. Code Ann. § 91-1-3 (Rev. 2013). If the conveyance of the property from his mother to the trust is set aside, Tim presumptively stands to inherit a child's share of the property.”
Ray v. Ray, 963 So. 2d 20 (Miss. Ct. App. 2007).
· cites it 2× “The Georgia relatives point to Mississippi Code Annotated sections 91-1-3 (Rev. 2004) and 91-1-5 (Rev.”
Daniel v. Snowdoun Ass'n, 513 So. 2d 946 (Miss. 1987).
“Our statute of descent and distribution for real property, [MCA § 91-1-3 (1972)] clearly states that such property descends in equal shares to the surviving spouse and the children per capita.”
Jones by Jones v. Harris, 460 So. 2d 120 (Miss. 1984).
“Code § 91-1-15 of Trusts and Estates Title, Descent and Distribution Chapter with § 91-1-3 and § 91-1-11), as to render the less favorable treatment of illegitimate children unconstitutional and void, does the law of the State of Mississippi call for interpretation of the…”
In Re Will of Wilcher, 994 So. 2d 170 (Miss. 2008).
· cites it 2× “" Miss.Code Ann. § 91-1-3 (Rev. 2004). Absent a will, Connie would have taken title to the property via intestate succession, and a title examination would not have revealed anything more to the Faulkners.”
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