LAWS OF MARYLAND.— 1820.

747

being, and capable in law to take as heir at the time of the in-
testate's death, but any child or descendant of the intestate, born
after the death of the intestate, shall have the same right of

the intes-
tate, &c.

inheritance as if born before the death of the intestate.
SEC. 3. And be it enacted, That there shall be no distinction
between brothers and sisters of the whole and half blood all
being descendants of the same father where the estate descended
on the part of the father, nor shall there be any distinction be-
tween brothers and sisters of the whole and half blood all being
descendants of the same mother, where the estate descended on
the part of the mother.
Sec. 4. And be it enacted, That if in the descending or col-
lateral line, any father or mother may be dead, the child or chil-
dren of such father or mother shall, by representation, be consi-
dered in the same degree as the father or mother would have
been if living, and shall have the same share of the estate as
the father or mother, if living, would have been entitled to, and
no more ; and in such case, where there are more children than
one, the share aforesaid shall be equally divided among such
children ; provided that there be no representations admitted
among collaterals after brothers' and sisters' children.

No distinc-
tion
between
brothers of
the whole
and half
blood,
being de-
scendants
of the
parent from
whom the
estate de-
scended.

Children
shall be
considered
in the same
degree as
the father
and mother
would have
been if
living, &c.

SEC. 5. And be it enacted, That any child or children of the
intestate, or their issue, having received from the intestate any
real estate by way of advancement, may elect to come into par-
tition with the other parceners, on bringing such advancement,
or the value thereof at the time such advancement was received,
into hotchpot with the estate descended ; but such child or chil-
dren, or their issue, shall not be entitled to claim a share by
descent, without bringing such advancement, or the value
thereof as aforesaid, into the common stock or hotchpot, if
there be another child or children unprovided for.

Children
having re-
ceived real
estate may
elect to
come into
partition on
bringing the
same into
hotchpot
with the
estate
descended.

SEC. 6. And be it enacted, That nothing herein contained
shall be construed or taken to alter, or in any manner change
the course of descent, as heretofore used and established, so as
to affect the case of any entail, or limitation in tail whatever,
made, created and in being, before the first day of January,
1788, but the same shall, during the continuance of the estate
in tail or limitation in tail, and until the same may be legally
destroyed or barred, descend according to the course of descent
heretofore used and established, nor shall any thing herein be
taken or construed to interfere with or alter any limitation,
grant or gift, by devise, conveyance or otherwise, to special or
particular heirs in a different course of descent from what is by
this act specified, but in such cases the descent shall be accord-
ing to the limitation or form of the gift, devise or grant, until
the entail shall be legally barred or destroyed ; nor shall this

Entails, &c.
not to he
affected &c.
nor any
widow's
right of
dower.