“ Concluding that escheat in the case of death of an owner without heirs was a rightful subject of legislation within the meaning of the organic act,-not inconsistent with the Constitution and laws of United States, and not embraced within the stated exceptions,-and that the provision in the probate practice act was a valid exercise of the authority thus granted, we are brought to the question as to the jurisdiction of the probate court to enter the decree set forth in the amended complaint, and as to the effect of that decree. ”

“ The provision for escheat to the county in case the intestate left no kindred was a part of the scheme of distribution defined by the act, and we cannot doubt that not only had the court the power to determine the interests of the heirs in the real estate to be distributed, but it likewise had the power to determine whether there were heirs, and if it was found that there were none, to decree distribution according to the statute. ”

“ The distribution of and the right of succession to the estates of deceased persons are matters exclusively of state cognizance, and are such as were within the competence of the territorial legislature to deal with as it saw fit, in the absence of an inhibition by Congress.' Escheat on failure of heirs was a familiar subject of legislation in the American commonwealths. ”