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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2034   View pdf image (33K)
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2034 TESTAMENTARY LAW. [ART. 93

1904, art. 93, sec. 21. 1888, art. 93, sec. 21. 1860, art. 93, sec. 21. 1798, ch. 101,
sub-ch. 5, sec. 13. 1898, ch. 331.

21. If there be neither surviving husband nor widow, as the case
may be, nor child, nor grandchild, nor father, brothers and sisters shall
be preferred, and next to brothers and sisters the mother shall be pre-
ferred.

A brother held to be entitled to letters under this section ana section 23.
Stouffer v. Stouffer, 110 Md. 370.

Upon the renunciation of the widow and one sister, the other sister is enti-
tled. Slay v. Beck, 107 Md. 361.

This section referred to in construing section 33—see notes thereto.
Georgetown College v. Browne, 34 Md. 457.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v.
Mohler, 55 Md. 289.

See notes to sec. 18.

Ibid. sec. 22. 1888, art. 93, sec. 22. 1860, art. 93, sec. 22 1798,
ch. 101, sub-ch. 5, sec. 14. 1898, ch. 331.

22. If there be neither surviving widow nor husband, as the case
may be, nor child, nor grandchild, nor father, nor brother, nor sister,
nor mother, the next of kin shall be preferred.

A female first cousin on the part of the father is entitled to letters before
a male first cousin on the part of the mother. There is no conflict between
sections 22 and 29. The term "next of kin" as used in this section, defined.
This section construed in connection with section 70. Kearney v. Turner, 28
Md. 423.

Where an intestate leaves an only sister who renounces, the next of kin
are entitled although they have no interest in the estate. Williams v.
Addison, 93 Md. 45. And see McColgan v. Kenny, 68 Md. 259.

Cited but not construed In Pollard v. Mohler, 55 Md. 289; Georgetown Col-
lege v. Browne, 34 Md. 455.
See notes to sec. 18.

Ibid. sec. 23. 1888, art 93, sec. 23. 1860, art. 93, sec. 23. 1798, ch. 101,
sub-ch. 5, sec. 15.

23. Males shall be preferred to females in equal degree or kin.

This section applied notwithstanding the fact that the male applicant was
indebted to the estate. Cook v. Carr, 19 Md. 4.

This section referred to in construing section 33—see notes thereto.
Georgetown College v. Browne, 34 Md. 457.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v.
Mohler, 55 Md. 289.

See notes to sections 18, 21 and 22.

Ibid. sec. 24. 1888, art. 93, sec. 24. 1860, art. 93, sec. 24. 1798, ch. 101,

sub-ch. 5, sec. 16.

24. Relations of the whole blood shall be preferred to those of the
half-blood in equal degree, and relations of the half-blood shall be pre-
ferred to relations of the whole blood in a remoter degree.

Where letters granted to an aunt are sought to be revoked by a sister, an
issue raising the question of whether the petitioner is a sister of the half
blood, is immaterial. Richardson v. Smith, 80 Md. 97.

Cited but not construed in Williams v. Addison, 93 Md. 45; Pollard v.
Mohler, 55 Md. 289; Georgetown College v, Browne, 34 Md. 455.
See notes to sec. 18.

 

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