Opinion of the Court.

authorities cited by the vigilant counsel for defendant in error, special attention is directed to the following: Coppin v. Herman, 6 N. P., 452; Ross v. Stackhouse, 114 Ind., 200; Red v. Augusta, 25 Ga., 386; Water Commrs. v. Brown, 32 N. J. L., 504; McClain v. McKisson, 15 C. C., 517; Braman v. Elyria, 5 C. C. (N. S.), 387, aff. in 73 Ohio St., 346; Yaryan v. Toledo, 8 C. C. (N. S.), 1; Page on Contracts, sections 43, 54; Edge Moor Bridge Wks. v. Bristol, 170 Mass., 528; Benton v. Springfield Y. M. C. A., Id., 534; Dunham v. City of Boston, 12 Allen, 375; People's Railroad v. Memphis Railroad, 10 Wall., 38; Stoddart v. Galman, 22 Vt., 568; Cox v. Mount Tabor, 41 Vt., 28; Estey v. Starr, 56 Vt., 690; Capital Ptg. Co. v. Hoey, 124 N. C., 767.

It may be added that persons dealing with municipal corporations must at their peril take notice of all grants of power and of all limitations of authority on the part of municipal agents, and that in the present case the relator must be held to have had notice of the scope of the powers of the Board and the prescribed manner of their exercise.

The judgment of the circuit court will be

Affirmed.

CREW, C. J., SUMMERS, DAVIS, SHAUCK and PRICE, JJ., concur.

Opinion of the Court.

STOCKTON V. FRAZIER ET AL.

Order of descent of ancestral real estate-Section 4158, Revised Statutes-Rights of brothers and sisters of half blood of ancestor-Interpretation of statutes.

The half-brothers and half-sisters of the ancestor are included in the words, "brothers and sisters of such ancestors," in the fifth subdivision of Section 4158, Revised Statutes, prescribing the order of descent of ancestral real estate. (Cliver v. Sanders, 8 Ohio St., 501, approved and followed.)

(No. 11214-Decided November 30, 1909.)

ERROR to the Circuit Court of Clermont county.

The facts are stated in the opinion.

Mr. J. R. Moore, for plaintiffs in error.

Messrs. Nichols & Nichols; Messrs. Nichols & Griffith, and Mr. W. C. Bishop, for defendants in

error.

SUMMERS, J. The contest is between the legal representatives of brothers of the whole blood and legal representatives of brothers of the half blood of the ancestor from whom the lands descended to an intestate who died unmarried, without issue and leaving no brothers or sisters of the whole or half blood, or their legal representatives, or mother surviving him, over the partitioning of a town lot in Clermont county and 182 acres of land in Brown county.

B. N. Stockton acquired title to the lands by purchase. He died seized of them, and they

Opinion of the Court.

passed by descent to his only child, Charles Stockton, who never married and died, in June, 1907, intestate and without issue, leaving no brothers or sisters, either of the whole or the half blood, or their legal representatives, surviving him, and his mother died before him.

At the time of the death of Charles Stockton there were living legal legal representatives of two brothers of B. N. Stockton, of the whole blood, and legal representatives of two brothers and of two sisters of B. N. Stockton, of the half blood. The court of common pleas partitioned the lands between the legal representatives of both the whole and the half blood, and on appeal, the circuit court did the same.

The judgments below were based upon Cliver v. Sanders, 8 Ohio St., 501, where it is held, that in a statute relating to descents of ancestral estates, the half-brothers and sisters of the ancestor are included in the words "brothers and sisters of such ancestor" and are preferred to the brothers and sisters of the intestate, of the half blood, who are not of the blood of the ancestor from whom the estate came. But it is contended that that case is distinguishable from this, that this is not a contest between the half-brothers and sisters of the intestate who are not of the blood of the ancestor from whom the estate came, and the halfbrothers and sisters of the ancestor, but between the legal representatives of the brothers of the whole blood of the ancestor and the legal representatives of the brothers and sisters of the half blood of the ancestor; and that since that decision the statute has been supplemented, and that in

Opinion of the Court.

Stembel et al. v. Martin et al., 50 Ohio St., 495, where the supplemental act is construed, it is held, that brothers and sisters of the whole blood are preferred to brothers and sisters of the half blood, although the words of the statute are "brothers and sisters" without limitation.

The statutes are as follows: ANCESTRAL EsTATES. Section 4158, Revised Statutes, "When a person dies intestate, having title or right to any real estate or inheritance in this state, which title came to such intestate by descent, devise or deed of gift from an ancestor, such estate shall descend and pass in parcenary to his or her kindred in the following course:

"First. To the children of such intestate or their legal representatives.

"Second. If there are no children nor their legal representatives living, the estate shall pass to and vest in the husband or wife, relict of such intestate, during his or her natural life.

"Third. If such intestate leave no husband or wife, relict of himself or herself, or at the death of such relict, the estate shall pass to and vest in the brothers and sisters of the intestate who are of the blood of the ancestor from whom the estate came, or of their legal representatives, whether such brothers be of the whole blood or of the half blood of the intestate.

"Fourth. If there are no brothers and sisters of the intestate of the blood of the ancestor from whom the estate came, or their legal representatives, and the estate came by deed of gift from an ancestor who is living, the estate shall ascend to such ancestor.

Opinion of the Court.

"Fifth. If the ancestor from whom the estate came is deceased, the estate shall pass to and vest in the children of the ancestor from whom the estate came, or their legal representatives; if there are no children of the ancestor from whom the estate came, or their legal representatives, the estate shall pass to and vest in the husband or wife, relict of such ancestor, if a parent of the decedent, during the life of such relict; and on the death of such husband or wife, the estate shall pass to and vest in the brothers and sisters of such ancestors or their legal representatives; and for want of such brothers and sisters, or their legal representatives, to the brothers and sisters of the half blood of the intestate, or their legal representatives, though such brothers and sisters are not of the blood of the ancestors from whom the estate came:

"Sixth. If there are no such half-brothers and sisters of the intestate, or their legal representatives, the estate shall pass to the next of kin to the intestate of the blood of the ancestors from whom the estate came, or their legal representatives."

NON-ANCESTRAL ESTATES, Section 4159, Revised Statutes. If the estate came not by descent, devise, or deed of gift, it shall descend and pass as follows:

"First. To the children of the intestate and their legal representatives;

"Second.

If there are no children, or their legal representatives, the estate shall pass to and be vested in the husband or wife, relict of such intestate;