| NOV. 1785.
CHAP. 78.
State will pay creditors
in certain
cases, &c. |
APPENDIX——CHANCERY LAWS.
2. AND BE IT ENACTED, That if the creditor
of any person
dying intestate, and without heirs as aforesaid, shall be out of the
state, so that he or she hath not notice of the death of the intestate
in time to enter a caveat as aforesaid, and the real estate of the deceased
shall be escheated, this state will, upon application of such
creditor, pay to the amount received by the state upon such escheat
to the discharge of the just claim of such creditor, to be made appear
to the satisfaction of the chancellor. |
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Passed Jan. 20, 1787. |
NOVEMBER SESSION, 1786.
—
CHAP. XLV.
An Act to direct Descents. Lib. TBH. No. B, fol. 161.
Supplementary and other acts 1797,
ch. 114; 1799, ch. 49; 1802, ch. 94; 1805,
ch. 119; Nov. 1809, ch. 160; 1810, ch. 28; 1811, ch. 200; Nov. 1812, ch.
68, ch.
181; 1814, ch. 109, 1815, ch. 205; and 1819, ch. 152. |
| Preamble. |
WHEREAS the law of descents, which originated with
the federal
system and military tenures, is contrary to justice, and ought to be
abolished; |
How land shall
descend, &c. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
if after the commencement of this act, any person seized of an estate
in any lands, tenements or hereditaments, lying or being in
this state, in fee-simple or fee-simple conditional, heretofore or
hereafter acquired, or of an estate in fee-tail, to the heirs of the
body generally, created and acquired after the commencement of
this act, shall die intestate thereof, such lands, tenements or hereditaments,
shall descend to the kindred, male and female, of such
person, in the following order, to wit: First to the child or children
and their descendants, if any, equally, and if no child or descendant,
and the estate descended to the intestate on the part of the
father, then to the father, and if no father living, then to the brothers
and sisters of the intestate of the blood of the father, and their
descendants equally, and if no brother or sister as aforesaid, or
descendant from such brother or sister, then to the grand-father
on the part of the father, and if no such grand-father living, then
to the descendants of the father of such grand-father in equal
degree, and so on, passing to the next lineal male paternal ancestor,
and if none such, to his descendants in equal degree without
end and if no paternal ancestor, or descendant from such ancestor,
then to the mother of the intestate, and if no mother living, to her
descendants in equal degree equally, and if no mother living, or
descendants from such mother, then to the maternal ancestors and
their descendants in the same manner as is above directed as to the
paternal ancestors and their descendants; and if the estate descended,
to the intestate on the part of the mother, and the intestate shall
die without any child or descendant as aforesaid, then the estate
shall go to the mother, and if no mother living, then to the brothers
and sisters of the intestate of the blood of the mother and their
descendants in equal degree equally, and if no such brother or sister, |
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