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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2072   View pdf image (33K)
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2072 TESTAMENTAEY LAW. [AET. 93

This section and the following ones, have no application where there is

a will. Hokamp v. Hagaman, 36 Md. 518.

The succession to personal property on Intestacy is regulated by the law
of the owner's last domicile. Newcomer v. Orem, 2 Md. 297; Corrle's Case
2 Bl. 488.

This section referred to as indicating that a final account so far as debts
are concerned, must be stated before the orphans' court can order legacies
paid or distribution made. Lowe v. Lowe, 6 Md. 354. (See notes to section
118). And see Biddison v. Mosely, 57 Md. 94; Coward v. Slate, 7 G. & J.
479; cf. Clarke v. Sandrock, 113 Md. 420.

This and the following section referred to as making plain the duty of
an administrator to distribute after the debts are paid. Coward v. State,
T (5. & J. 479.

As to the transfer of assets from an ancillary administrator to the admin-
istrator of the domicile, see Williams v. Williams, 5 Md. 467; Cassilly v.
Meyer, 4 Md. 1.

This section referred to in construing section 137—see notes thereto. Wil-
tiams v. Holmes, 9 Md. 286.

This section referred to In construing section 326—see notes thereto.
Vogel v. Turnt, 110 Md. 203.

Cited but not construed in Myers v. Safe Deposit Co., 73 Md. 424.

See notes to sec. 118.

As to the descent of real estate, see art. 46, sec. 1, et seq.

1904, art. 93, sec. 119. 1888, art. 93, sec. 120. 1860, art. 93, sec. 121. 1798, ch.
101, sub-ch. 11, sec. 1. 1898, ch. 331.

120. If the intestate leave a surviving husband or widow, as the case
may be, and no child, parent, grandchild, brother or sister, or the child
of a brother or sister of the said intestate, the said surviving husband or
widow, as the case may be, shall be entitled to the whole.

Article 46, section 30, construed in connection with this section. The
mother of an Illegitimate child is a "parent" within the meaning of this
section. Reese v. Starner, 106 Md. 52.
See sections 119 and 301 to 317 and notes.
See art. 45, sections 6 and 7; also ,art. 46, sec. 23.

Ibid. sec. 120. 188S, art. 93, sec. 121. 1860, art. 93, sec. 122. 1798, ch.
101, sub-ch. 11, sec. 2. 1898, ch. 331.

121. If there be a surviving husband or widow, as the case may be,
and a child or children, or a descendant or descendants from a child,
the surviving husband or widow, as the case may be, shall have one-
third only.

Although, in the absence of fraud, a husband may dispose of his personal
property in his lifetime as he pleases, he can not by will deprive his
widow of her interest after his death. Hays v. Henry, 1 Md. Ch. 337;
Dunnock v. Dunnock, 3 Md. Ch. 140.

This section referred to in construing section 326—see notes thereto. Vogel
v. Turnt, 110 Md. 200.
See notes to sec. 122.

Ibid. sec. 121. 1888, art. 93, sec. 122. 1860, art. 93, sec. 123. 1798, ch.
101, sub-ch. 11, sec. 3. 1898, ch. 331.

122. If there be a surviving husband or a widow, as the case may be,
and no child or descendant of the intestate, but the said intestate shall
leave a father or mother, or brother or sister, or child of a brother or
sister, the surviving husband or widow, as the case may be, shall have
one-half.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2072   View pdf image (33K)
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