Tbe rules regulating tbe descent of real estate to collateral relations, were fully considered and defined in tbe two recent cases of Clement v. Cauble, 2 Jon. Eq. 82, and Campbell v. Campbell, 5 Jon. Eq. 246; and it is *477only necessary for us to apply these rules to the case before us.
John O’Eourke died in the Spring of 1867, intestate, and without any lineal descendants. Ele left surviving him a sister, Bridget O’Eourke, who resided in Ireland, and was an alien, and as such was incapable of inheriting the lands of the intestate. The plaintiffs and defendants are the collateral relations of the intestate, living in this country, and the •objects of these proceedings is to ascertain the rights of the parties. The plaintiffs, Mrs. Harman and Mrs. Oassidy, are naturalized citizens, and daughters of Matthew O’Eourke, who was a brother of the intestate, and died many years ago without being naturalized. The infant plaintiffs, Laura, Frederick, Ohailes and Thomas, are natives and children of •Jane Hinder, a daughter of Matthew O’Eourke. She was a naturalized citizen, and died before the intestate.
The defendant Margaret Eerrall is a naturalized citizen, and a child of Mrs. Fanning, who was a sister of the intestate, and died many years ago in Ireland, and was never naturalized. The defendant John O’Eourke, Jr., is a son of the aforesaid Matthew O’Eourke. In 1855, he filed his declaration of an intention to become a naturalized citizen of the United States* but did not take the final oath of naturalization until after the death of the intestate. He was not a citizen of the United States until he had complied with • all the requirements of the naturalization Acts of Congress, and the disability of alienage was not removed, so that he could take lands by descent. Not being capable of taking by descent at the time of descent cast, he had no title, to be confirmed by relation, and his subsequent naturalization did not operate to invest him with the title, which in the meantime had become vested elsewhere: White v. White, 2 Metc. (Ky.,) 185.
In determining the rights of the other parties, Matthew *478O’Rourke and Mrs. Fanning are to be considered as if they bad never existed, except for the purpose of counting rela-. tionship. Their children take in their own right, as they derived no inheritable blood from their ancestors. As such ancestors at the time of their death, were not callable of taking the inheritance, the doctrine of representation does not arise as to Mrs. Harman, Mrs. Cassidy and Mrs. Ferrall, and they take per capita. The children of Mrs. Hinder take per stirpes, as representing their mother, who, if living, would have taken one-fourth of the estate.
In the case of Campbell v. Campbell, there were four classes of children, all in equal degree to the propositor. As to two classes the doctrine of representation- applied, as their ancestors, if living, would have been capable of inheriting, and each class took one-fourth. As to the other two classes, they took' per capita, as their ancestors were aliens. As there were three children in each of' these last mentioned classes, the result would have been the same, whether they took per stvrpes or per capita, and it was not necessary to point out the distinction. Where the doctrine of representation applies, the claimants affected by it always take per stvrpes.
There is no error in the ruling of his Honor.
Per Curiam. Judgment affirmed.