The evening times., 1897-11-18
HOLT Will AGAIN In COURT
Issue Made Concerning the Distri-
button of the Estate.
Judgment That Personal Property
Should Be Divided Per Stripes
and Other Matters Argued.

The Eut will case came up in the court
Of appeals this morning, the question be.
ing whether the distribution of the Holt
personal estate among the nieces and
nephews shall be per capt. or per stripes.
The judgment uf the lower court was
that it should be distributed per stripes.
A further question to be determined in the
court If appealsis whether grand nephew
takes as next of kin, or by representation
with nephews and nieces, and if So, Dies he
take per capita with all the nephews.
and nieceS, or by representation equally
with his uncles and aunts only
Judge Holt died intestate, leaving per
soual property in the District OF Columbia.
lie left nine nephews and nieces, and one
grand nephew asfollows: Washington Holt.
son IF his dec eased brother Thomas; William
q. Sterrett and Margaret BOwm-r, children
oil his deceased sister, Eliza beth: John Holt.
Mis-. Locke Inrlehart, Robert Holt. Thomas
Holt, james Holt and Sarah Holt, children
of his deceased brother Robert, and Joseph
Holt. q minor, the son of Joseph Holt, de.
ceased. son Of Robert Holt, deceased.
John + Inglchart, attorney fer appel
lants, represented that the District Of Co
Iumbia was created in 1901, out of the
State OF Maryland, and the la ws governing
the District are tie statutes and the laws
% Maryland she existed in 1901 with
such notifications only dS have been made
hy Congress since that date. The statute
Of distributions of the District of CUlualhta
is the statute of distributions of the State
of Maryland n it stood in 1Sn! tlassed i'll
l1JS. The statute OF Maryland In 1Il5
was in the matter of distributions copyuf
the English statute OF Charles II, which
was taken from the civil law. The act o:
1TaS excludes unCles and aunts rom par
ticipati.n with neiceS and nrGh"ws in the
distribution from intestate estates 1t
prefers brothers and sisters TO Others 0f
equal degree.
Tie. courl below overruled the prayer Df
appellant III ms petition for distribution
per capita, and ordered distribution Per
stripes amang the nieces and nephews and
excluded the grand-nephew.
Attorney Irglahart reviewed the Roman
la W, " hicl, excluded represent al ION among
collateraIs beyOLd brothers aud sisters
children, and among brothers and sisters
children representation only existed wherc
two classes nf different degrees of kindre
to the intestate were living at the same
time, ana never when the distributes
were az Of equal degree Of kindred with
each other, and were all OF the next uf
kindred to the intestate. He held that it
was clear th1t if all the brothers and sisters
he dead, leaving children. the rules laid
down would be 10 longer applicable, but
that ncThcws and nieceS, who were of equal
degra" OF kindred with each other, and
the nearest of Kindred to the intest3te living
at his death, would take equally.
Attorney Inglehart cited the statutes OF
number OF States, recognizing the rule y
distribution per capita among nephs VS. nd
nieces when there are none more nearly
related TO the intestate living.