Section 38:
Where intestate has left no child, but grandchild or grandchildren.
Where the intestate has
not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant
through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or
shall be equally divided among all his surviving grandchildren.
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 grandchildren and no
descendant of any decreased grandchild. Each of his grandfather will have one-ninth.
(ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five
grandchildren, the children of John and Mary.