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Legal Definitions - collateral descent

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Definition of collateral descent

Collateral descent refers to the process of inheriting property from a common ancestor through a non-direct line of relatives, such as cousins or siblings. This is different from direct-line descent, which is the passing of property from a parent to a child or grandparent to a grandchild.

For example, if a person dies without a will and has no children, their property may pass to their siblings or cousins through collateral descent. This means that the relatives are related to the deceased person through a common ancestor, such as a grandparent or great-grandparent.

Another example of collateral descent is when a person inherits property from their cousin, who inherited it from their shared grandparent. In this case, the two cousins are related through a common ancestor, but not through a direct line of descent.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Collateral descent refers to the way that property is passed down from a common ancestor to relatives who are not in a direct line, like cousins or siblings. This is different from direct-line descent, which is when property is passed down from a parent to a child or grandparent to a grandchild. Mediate descent is when property is passed down through an intermediary, like a grandmother passing property to her granddaughter through the granddaughter's mother. Paternal-line descent is when property is passed down through the father's side of the family, while maternal-line descent is when property is passed down through the mother's side of the family.

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If we desire respect for the law, we must first make the law respectable.

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