John died in Illinois in 1869 with no descendants. When his estate was finally settled up a few years later, his brother Robert’s family split Robert’s share of John’s estate.
Robert’s three heirs split Robert’s share equally. One might assume that those three heirs were Robert’s children. They were not. One of those heirs was Robert’s wife and the other two were Robert’s children.
Robert was alive when John died, but died before John’s estate was finally settled. Had Robert been dead when John died, Robert’s two children would have split Robert’s share between just the two of them–even if Robert’s wife were alive at the time.
All based on how intestate inheritance worked in Illinois in the 1870s.
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