1188 INHERITANCE. [ART. 46

This section applies although the parties are not at the time of the birth
of the children capable of contracting marriage, and the children are the
result of an adulterous intercourse. Purpose and construction of this sec-
tion. Hawbecker v. Hawbecker, 43 Md. 518; Scanlon v. Walshe, 81 Md. 129.

Under what circumstances this section will not apply, although technically
complied with. Estoppel. Evidence. Sufficiency of proof. Presumption of
legitimacy. Scanlon v. Walshe, 81 Md. 128.

This section referred to in construing section 30. Miller v. Stewart, 8 Gill,
130.

Cited but not construed in Richardson v. Smith, 80 Md. 98; Southgate v.
Annan, 31 Md. 116; Earle v. Dawes, 3 Md. Ch. 231; Bevans v. Taylor, 7 H.
& J. 1.

See art. 93, sec. 134.

1904, art. 46, sec. 30. 1888, art. 46, sec. 30. 1860, art. 47, sec. 30.
1825, ch. 156. 1868, ch. 199.

30. The illegitimate child or children of any female, and the issue
of any such illegitimate child or children shall be capable in law to
take and inherit both real and personal estate from their mother, or
from each other, or from the descendants of each other, as the case may
be; and where such illegitimate child or children shall die, leaving no
descendants, or brothers or sisters, or the descendants of such brothers
and sisters, then and in that case, the mother of such illegitimate child
or children, if living, shall inherit both real and personal estate from
such illegitimate child or children; and if the mother be dead, then
and in that case, the heirs at law of the mother shall inherit the real
and personal estate of such illegitimate child or children in like manner
as if such illegitimate child or children had been born in lawful wedlock.

Under this section, the mother of an illegitimate child is entitled to share
in his real and personal property just as though the child were legitimate.
The placing of this section under the article "Inheritance" does not affect
the law. This section construed in connection with article 93, section 120.
Reese v. Starner, 106 Md. 51.

Where a woman leaves an illegitimate child, he is entitled to share in her
property equally with legitimate children. Earle v. Dawes, 3 Md. Ch. 230.

The words "dying without issue," as applied to an illegitimate, since
the adoption of this section, will be construed as if used with reference to
persons born in wedlock. Estep v. Mackey, 52 Md. 599. See also, Reese v.
Starner, 106 Md. 53.

The act of 1825, ch. 156, recognizes no father and establishes no relation
of brother and sister. Extent to which the disqualification of illegitimates
was removed by that act This section will be strictly construed. Miller v.
Stewart, 8 Gill, 130 (decided prior to the act of 1868, ch. 199). And see
Reese v. Starner, 106 Md. 53; Brewer v. Blougher, 14 Pet. 178.

Purpose and construction of this section. This section discussed in con-
nection with section 29. Hawbecker v. Hawbecker, 43 Md. 520.

This section held to have no retrospective operation. Fornshill v. Murray
1 Bl. 485.

This section referred to in extending the benefit of a settlement upon a
wile, to a bastard son. Helms v. Franciscus, 2 Bl. 582.

Cited but not construed in Southgate v. Annan, 31 Md. 116.

abid. sec. 31. 1888, art. 46, sec. 31. 1860, art. 47, sec. 31. 1820, ch. 191, sec. 5.

31. Any child or children of the intestate, or their issue, having
received from the intestate any real estate by way of advancement, may
elect to come into partition with the other parceners on bringing such
advancement, or the value thereof at the time such advancement was