2076 TESTAMENTARY LAW. [ART. 93

take real or personal estate from their mother, or from each other, or
from the descendants of each other, in like manner as if born in law-
ful wedlock.

Cited but not construed in Richardson v. Smith, 80 Md. 96.
See art. 46, sections 29 and 30 and notes.

1904, art. 93, sec. 134. 1888, art. 93, sec. 135. 1860, art 93, sec. 136. 1719, ch. 14.

1729, ch. 24, secs. 17-20. 1798, ch. 101, sub-ch. 11, sec. 15. 1802, ch

101, sec. 11. 1876, ch. 295.

135. If there be no widow or relations of the intestate within the
fifth degree, which shall be reckoned by counting down from the com-
mon ancestor to the more remote, the whole surplus shall belong to the
State, and shall be paid to the board of county school commissioners
of the county wherein letters of administration shall be granted upon
the estate of the deceased, for the use of the public schools of said
county.

The dying without relations "within the fifth degree," may be proved by
circumstantial or presumptive evidence and by declarations of the intestate.
Thomas v. Frederick County School, 7 G. & J. 369; State v. Greenwell. 4 G.
& J. 415.

The act of 1876, ch. 295, held not to affect rights vested by the death of an
Intestate prior to its passage. History of this section. Under this section
the state takes as trustee just as any other distributee. Rock Hill College v.
Jones, 47 Md. 14; Patapsco Institute v. Rock Hill College, 51 Md. 476.

This section referred to in connection with section 235—see notes thereto.
Savings Bank of Baltimore v. Weeks, 110 Md. 94.

For a case constrains this section prior to the act of 1876, ch. 295 (now
inapplicable by reason of said act), see Patapsco Institute v. Rock Hill Col-
lege, 51 Md. 475. And see Thomas v. Frederick County School, 7 G. & J. 383.

Ibid. sec. 135. 1888. art. 93, sec. 136. 1860, art. 93, sec. 137. 1729, ch.
24, sec. 20. 1878, ch. 316.

136. If any legal representative shall appear after payment has
been made under the preceding section, the board of county school com-
missioners receiving such payment shall pay the same to such repre-
sentative; but no collateral more remote than brothers' and sisters' chil-
dren shall claim under this section.

Ibid. sec. 130. 1888, art. 93, sec. 137. 1860, art. 93, sec. 138. 1798, ch.
101, sub-ch. 11, sec. 16.

137. In case the surplus remaining in the administrator's hands,
after payment of all just debts exhibted and proved, or notified and
not barred, or after retaining for the same, shall consist of specific
property or articles mentioned in the inventory or inventories, the
administrator, if he can not satisfy the parties, may apply to the
court to make distribution, and the court may appoint a day for making
distribution, and by summons call on the said parties to appear; and
the said court may, at the appointed time, proceed to distribute. But
if a majority in point of value shall neglect to appear, or appearing
shall object to the distribution of the articles; or if the court shall deem
a sale of the said articles, or any part of them, more advantageous, a