An heir may also inherit intestate. The Act primarily helps to determine the heirs of a person who has died intestate. It is not possible for legatees to exist where the deceased died intestate. The descendant or descendants inherit the residue (if any) of the intestate estate. Consanguinity is also relevant to inheritance, particularly with regard to intestate succession. The rules governing the distribution of intestate estates were replaced by a single statutory framework. The balance thereafter must devolve according to rules of intestate succession. Gershwin died intestate, and his estate passed to his mother. The judge in the case ruled that Graham had died intestate. To die intestate was to die unconfessed. The issue of dying intestate (without a will) attracted the attention of Bracton. The survivor would be considered a "spouse" for the purposes of the Intestate Succession Act. Until recently, the application of the Intestate Succession Act was regulated on a racial basis. Intestate property by default will go to the spouse.