38. Where intestate has left no child, but grand-child or grand-children.—
Where the intestate has not left surviving him any child but has left a grand-child or grand-children and no more remote descendant through a deceased grand-child, the property shall belong to his surviving grand-child if there is one, or shall be equally divided among all his surviving grand-children.Illustrations(i)A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grand-children and no descendant of any deceased grand-child. Each of his grand-children will have one-ninth.(ii)But if Henry has died, leaving no child, then the whole is equally divided between the intestate’s five grand-children, the children of John and Mary.
