692

INHERITANCE.

[ART. 46

ARTICLE XLVI

INHERITANCE.

Descents. 5. When property descends to grand- father on part of father.

19-20. Where intestate took estate by purchase; descent of. 27. Representation; to what extent allowed.

Descents.

3.

See notes to section 19.

4.

See notes to section 19.

1904, art. 46, sec. 5. 1888, art. 46, sec. 5. 1860, art. 47, sec. 5. 1820, ch. 191,
sec. 1. 1912, ch. 92, sec. 5.

5. If no brother or sister as aforesaid, child or children, grandchild
or grandchildren or other descendants from such brother or sister, then
to the grandfather on the part of the father.

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

Ibid. sec. 19. 1888, art. 46, sec. 19. 1860, art 47, sec. 19. 1820, ch. 191,
sec. 1. 1912, ch. 92, sec. 19.

19. If the estate shall be vested in the intestate by purchase, or
shall descend to or vest in the intestate in any other manner than as
hereinbefore mentioned, and there be no child or descendant of such
intestate, then the estate shall descend to the brothers and sisters of
-such intestate of the whole blood, and their children, grandchild or
grandchildren, and their other descendants in equal degree equally.

. While in general, if an heir conveys property away and it is then con-
veyed back to him, he thereafter holds the property by purchase and not by
descent, the rule is different where the heir unites with other heirs in
conveying the property which has descended to them, to a third party, who
then conveys back the whole property to the said heir, such plan being
adopted because the heir was erroneously advised that his co-heirs could
not convey directly to him. Hence in the latter case the property or inter-
est therein which descended to the heir is held by him by descent, not-
withstanding the conveyance from and back to him, and in case of the
death of the heir, such property or interest, in view of section 26, descended
to his nieces of the half and whole blood (his father, mother, brothers and
sisters being dead). Dudrow v. King, 117 Md. 185 (decided prior to the
act of 1912, chapter 92).

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.