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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1185   View pdf image (33K)
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ART. 46] DESCENTS. 1185

1904, art. 46, sec. 20. 1888, art 46, sec. 20. 1860, art. 47, sec. 20.
1820, ch. 191, sec. 1.

20. If no brother or sister of the whole blood, or descendant from
such brother or sister, then to the brothers and sisters of the half blood
and their descendants in equal degree, equally.

Persons can have no standing under section 21, until all those Included in
this section and section 19 are extinct. Hoffman v. Watson, 109 Md. 552.

This section referred to in deciding that an estate passed to the mother
under section 21. Donnelly v. Turner, 60 Md. 85.

Cited but not construed in Latrobe v. Carter, 83 Md. 283; Garner v. Wood,
71 Md. 38.

Ibid. sec. 21. 1888, art. 46, sec. 21. 1860, art. 47, Sec. 21.
1820. ch. 191, sec. 1.

21. If no brother or sister of the whole or half blood, or any descend-
ant from such brother or sister, then to the father, and if no father
living, then to the mother, and if no mother living, then to the grand-
father on the part of the father, and if no such grandfather living, then
to the descendants of such grandfather in equal degree, equally.

Persons can not claim under this section until those included in sections 19
and 20 are extinct, and the proviso at the end of section 27 does not alter
this rule; hence, grand-nieces take to the exclusion of first cousins. Hoffman
v. Watson, 109 Md. 544. And see Suman v. Harvey, 114 Md. 241.

For an estate held to descend to the mother under this section, see Don-
nelly v. Turner, 60 Md. 85.

This section referred to in construing section 27—see notes thereto. Suman
v. Harvey, 114 Md. 241.

Ibid. sec. 22. 1888, art. 46, sec. 22. 1860, art. 47, sec. 22.
1820, ch. 191, sec. 1.

22. If no such grandfather or any descendant from him, then to the
grandfather on the part of the mother, and if no such grandfather, then
to his descendants in equal degree, equally; and so on without end,
alternating the next male paternal ancestor and his descendants, and
the next maternal ancestor and his descendants, and giving preference
to the paternal ancestor and his descendants.

Ibid. sec. 23. 1888, art. 46, sec. 23. 1860, art. 47, sec. 23.
1820, ch. 191, sec. 1.

23. If there be no descendants or kindred of the intestate as afore
said to take the estate, then the same shall go to the husband or wife,
as the case may be, and if the husband or wife be dead then to his or
her kindred in the like course as if such husband or wife had survived
the intestate and then had died entitled to the estate by purchase, and
if the/ intestate has had more husbands and wives than one, and all
shall die before such intestate, then the estate shall be equally divided
among the kindred of the several husbands or wives in equal degree,

equally.

Where an illegitimate woman dies leaving no descendants, her husband
inherits her estate. Southgate v. Annan, 31 Md. 115.

This section referred to In construing article 45, section 7, and article 93.
section 326. Vogel v. Turnt, 110 Md. 201.

See art. 45, sections 6 and 7; also, art. 93, sec. 120, et seq.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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