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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1180   View pdf image (33K)
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1180

INHERITANCE.

[ART. 46

ARTICLE XLVI

INHERITANCE.

Descents.

1. Lands held in fee simple; fee sim-
ple conditional or fee tall gen-
eral, how to descend.
2-18. Order of succession of.
19. Lands acquired by purchase, how
to descend.
20-23. Order of succession of.
24. How naked trusts to descend.
25. Party to inherit, except children, to
be in being at death of intestate.
26. No distinction to be made between
brothers and sisters of the whole
and half blood.
27. Child or children to take by repre-
sentation.
28. Entails created before January 1,
1788.
29. Child legitimated by subsequent
marriage of parents and acknowl-
edgment by father.
30. Inheritance among illegitimate chil-
dren.
31. Hotchpot and advancement.

Division and Election.

32. Commissioners, how appointed ;
oath of.
33. Majority of, when qualified, may
act.
34. Notice required to parties inter-
ested.
35. Court to appoint a guardian for
minor not having one.
36. Notice required to non-residents in-
terested.
37. Recital of notice prima facie suffi-
cient.
38. How commissioners shall divide
lands susceptible of division.
39. How commissioners shall divide
lands not susceptible of division.

40. Survey to be made of lands divis-
ible into as many parts as heirs ;
several shares to be allotted to
parties.
41. If lands not thus divisible, to be di-
vided into as many parts as prac-
ticable; election by parties suc-
cessively entitled.
42. After partition, proceedings to be
returned to court for ratification.

Election.

43. Proceedings where estate is indivis-
ble.
44. Election by eldest sou.
45. If he refuses, the next eldest son to
elect, and so on.
46. Where a person is entitled to estate
of one heir and cannot agree
with other heirs.
47. Absence of party entitled to elec-
tion; notice by publication to.
48. If non compos, person next entitled
shall elect.
49. If eldest male be not of age, eldest
female of age shall elect.
50. Election or refusal may be in writ-
iug.
51. Person electing to take shall give
bond to other persons.

Sales by Commissioners.

52. If all parties refuse to elect, lands
shall be sold by commissioners.
53. Where all parties are minors, es-
tate not to be sold until eldest
arrives at age.
54. Bonds for the purchase money pay-
able to each representative.
55. Bond to the State for the whole un-
paid purchase money; bond to
be lien on the land.



 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1180   View pdf image (33K)
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