ART. 93.] TESTAMENTARY LAW. 647

134. Posthumous children of intestates shall take in the same
manner as if they had been born before the decease of the in-
testate, but no other posthumous relation shall be considered as
entitled to distribution in his or her own right.

135. The illegitimate child or children of any female, and the
issue of any such illegitimate child or children, shall be capable
to take real or personal estate from their mother, or from each
other, or from the descendants of each other, in like manner as
if born in lawful wedlock.

136. If there be no widow or relations of the intestate within
the fifth degree, which shall bo reckoned by counting down
from the common ancestor to the more remote, the whole
surplus shall belong to the State, and shall be paid to the
college, if any, in the county where the deceased shall die, or if
none, to any school in the county to which the public aid by
law may be extended, and if none, to the county where the pro-
perty of the intestate shall lie.

137. If any legal representative shall appear, after payment
has been made, under the preceding section, the college, school,
or county receiving such payment, shall pay the same to such
representative, but no collateral more remote than brothers' and
sisters' children shall claim under this section.

138. In case the surplus remaining in the administrator's
hands, after payment of all just debts exhibited and proved or
notified and not barred, or after retaining for the same, shall con-
sist of specific property or articles mentioned in the inventory
or inventories, the administrator, if he cannot satisfy the
parties, may apply to the court to make distribution, and the
court may appoint a day for making distribution, and by sum-
mons call on the said parties to appear; and the said court may,
at the appointed time, proceed to distribute. But if a majority
in point of value shall neglect to appear, or appearing shall
object to the distribution of the articles, or if the court shall
deem a sale of the said articles, or any part of them, more ad-
vantageous, a sale shall be directed accordingly, and the rules
herein laid down relative to a sale by order of the said court,
shall be observed.

139. Whenever a distribution of specific articles is to be made,
the Orphans' Court may appoint two disinterested persons, not