The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15

children was used in sense os
heirs the term will be construed rs
a word of limitation equivalent to
heirs or heirs of the body. Getting
authorities) So the term heirs has
been construed as equivalent to chill
dren'" Getting authorities)
As stated. Section 8, supra, Is found
IN Perfimans Compilation of the
Creek Laws of 1890 in Chapter X un.
der the head of Administration of
Property"
In that same chapter we find:
Section 3. The administrator shall
at all times, be required to make ana
provide liberal means for the SUPPORT
aud education all heirs of he de.
ceased to mi ny trade thut may
be of advanta. such estate, and TO
advise and dio.-t the affairs OF such
heirs until they shall have become of
age. according TO the laws Of his Ma
tion. or until such heirs shall marry,
in which event the administrator shall
turn over t0 such heirs or his nr her
inheritan'o q erything connected win
the esiais t3at may have bcca placed
IN his tr'. or l's equivalent IN money
or ofhrr prCpe ~
As these s-ctions are IN pari ma
teria. let us ascertain in what sense
the word heirs was used in the lat
Ter. as it is evident that they were
used in the same sense in the for
mer section
The rule is:
I'm arriving at the Intent of the
legislature in enacting a statute, not
only must the whole statute and every
part of it be considered. but where
there are several statutes in pai ma-
terra, they are all whether referred
10 or not, to be taken together and
one part compared with another in
the construction OF any material pro-
vision"
Statutes are in pari materla
which relate to the same person or
thing or TO the same class Of persons
or things !" 26 Am and
Eng. en-. Law. D. G2O
Section 3 requires the administra-
TOR to ''makc and provide liberal
means for the support and education
of all heirs of the deceased This
solicltude would scarcely be displayed
except for tbs ebildlen Of the de
ceased or the children of a deceased
child
we are therefore OF the opinion hat
by the first use of the word heirs
in Section 8, the word children was
intended, and that by the use Of thu
word other" before children was
intended TO include grand children Of
the descendants of any child living az
the death of the intestate, so that T.
should read in connection with Sec
tion 6:
"Be Il further enacted that II any
person iie without a win, having prop
erty anJ children. tho pr ne fg shall
descend to the child or children anil
their descendants. II any. equally. AMI
If no child or descendants. and the
estate descended 10 the intestate on
the part OF The father. then TO the
father. and If no father living, Then 80
the brothers and sisters OF the hlooi
of the father etc II the estate r.
scended to the intestate on the part
OF the mother then TO the mother, and
II no mother living. then 70 the broth
ers aud sisters OF the blood Of the
mother. provided:
tSec Sd "Thc lawful or acknow
ledeed wife OF a deceased husband
shall be entitled to onehalf OF the
estate, If L.ere are no children on
their descendants. and a childs par,
n any such there be. Ia an cas-
where there les no viii The husband
surviving shall inherit OF the wife in
like manner.
Hence. we are of the opinion that
Cynthia Tolliyer Is entitled 70 an IN
divided one-half interest In the allot-
meni IN controversy and Ben Reeves,
husband Of Castella Brown her sargiy-
ing. the remaining one-half unless the
last remaining coniOntion OF lows
Land & Trust Company can be mai1
tanned aud, that Is that Ben Reeves,