1186 INHERITANCE. [ART. 40

1904, art. 40, sec. 24. 1888, art. 40, sec. 24. 1860, art. 47, sec. 24.
1831, ch. 311, sec. 11.

24. But where a trustee in fee tail or fee simple of any lands, tene-
ments or hereditaments, who shall be seized of the naked legal estate
therein without having or being entitled to any beneficial interest or
estate whatsoever in the said lands, tenements and hereditaments shall
die the said legal estate shall be deemed and taken to have descended
to such person or persona as would have been the heirs of such trustee
at common law.

This section has no application where the trustee is entitled to a beneficial
interest or estate. In such cose, the trust estate descends to the heirs of the
trustee. Where the legal estate descends to the heirs, the trust is trans-
mitted with it. Duffy v. Calvert, 6 Gill, 487.

This section held applicable, but not applied by reason of an Implied dis-
claimer of the trust. Dodge v. Dodge, 100 Md. 108.

This section applied. Latrobe v. Carter, 83 Md. 287; Druid Park, etc.. Co.
v. Oettinger, 53 Md. 61; Hawkins v. Chapman, 30 Md. 95.

Ibid. sec. 25. 1888, art. 40, sec. 25. 1800, art 47, sec. 25.
1820, ch. 191, sec. 2.

25. No right in the inheritance shall accrue to or vest in any person
other than to children of the intestate, and their descendants, unless
such person is in being, and capable in law to take as heir at the time
of the intestate's death; but any child or descendant of the intestate,
born after death of the intestate, shall have the same right of inheritance
as if born before the death of the intestate.

This section means that children of an Intestate born after his death shall
take just as if born before his death, but no other relation born after his
denth shall take as heir in his own right. (See notes to article 93, section
133.) Shriver v. State, 65 Md. 2S3.

This section applied to a sister of the intestate. Thomas v. Higgins, 47
Md. 403.

See art. 93, sec. 133.

Ibid. sec. 20. 1888, art. 40, sec. 20. 1800, art. 47, sec. 20.
1820, ch. 101, sec. 3.

26. 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 between brothers and sisters of the whole and half
blood, all being descendants of the same mother, when the estate
descended on the part of the mother.

This section applied. Lowe v. Maccubbin, 1 H. & J. 550.

Cf. art 03, sec. 130.

Ibid. sec. 27. 1888, art. 40, sec. 27. 1800, art. 47, sec. 27.
1820, ch. 191, sec. 4.

27. If in the descending or collateral line, any father or mother shall
be dead, the child or children of such father or mother shall by repre-
sentation be considered 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, when there are more children than one. the