What is the limitation of representation in the distribution of the estate of a deceased intestate?

It resulted therefore that in the distribution of an intestate’s estate the right to participate was confined to the living members of the class which was the nearest in kindred to the intestate, there being only two exceptions to this rule, (1) his own lineal descendants of all degrees, and (2) his brothers’ and sisters’ descendants to one degree only, that is, to their immediate sons and daughters, and no further. The concluding paragraphs of the judgment in Carter v. Crawley emphasize this limitation very forcibly. So that, in 22 & 23 Car. II., ch. 10, while the language used may at first sight appear more extensive, it conveys only the limited right of representation which I have described. The pertinent parts of the statute are: “3. * * * to order and make just and equal distribution of what remaineth clear (after all debts * * *) amongst the wife and children, or childrens’ children, if any such be, or otherwise to the next of kindred to the dead person in equal degree, or legally representing their stocks, pro suo cuique jure, according to the laws in such cases, and limitations hereafter set down * * *. * * * “5. * * * shall distribute the whole surplusage of such estate or estates in manner and form following: that is to say, one-third part of the said surplusage to the wife of the intestate, and all the residue by equal portions, to and amongst the children of such persons dying intestate, and such persons as legally represent such children, in case any of the said children be then dead * * *. “6. And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be alloted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. “7. Provided, that there be no representation admitted among collaterals after brothers’ and sisters’ children; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children: and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.”