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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1705   View pdf image (33K)
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INHERITANCE. 1705

ARTICLE 46.

INHERITANCE.

Descents.

1. Lands held in fee; heirs.
2. Surviving husband or widow — share
of; sale in equity.
3. Share of husband or wife where spouse
dies testate; renunciation; spouse
must join, in deed.
4. Dower not abolished; renunciation.
5. How naked trusts to descend.
6. Child legitimated by subsequent mar-
riage of parents and acknowledg-
ment by father.
7. Inheritance among illegitimate chil-
dren.

Division and Election.

S. Commissioners, how appointed; oath
of.
9. Majority of, when qualified, may act.
10. Notice required to parties interested.
10A. Court to appoint a guardian for
minor not having one.
11. Notice required to non-residents in-
terested.
12. Recital of notice prima jade sufficient.
13. How commissioners shall divide lands
susceptible of division.
14. How commissioners shall divide lands
not susceptible of division.
15. Survey to be made of lands divisible
into as many parts as heirs; several
shares to be allotted to parties.
16. If lands not thus divisible, to be di-
vided into as many parts as prac-
ticable; election by parties succes-
sively entitled.
17. After partition, proceedings to be re-
turned to court for ratification.

Election.

18. Proceedings where estate is indivisible.
19. Election by eldest son.

20. If he refuses, next eldest son to elect,
and so on.
21. Where a person is entitled to estate
of one heir and cannot agree with
other heirs.
22. Absence of party entitled to election;
notice by publication to.
23. If non compos, person next entitled
shall elect.
24. If eldest male be not of age, eldest
female of age shall elect.
25. Election or refusal may be in writing.
26. Person electing to take shall give bond
to other persons.

Sales by Commissioners.

27. If all parties refuse to elect, lands shall
be sold by commissioners.
28. Where all parties are minors, estate
not to be sold until eldest arrives
at age.
29. Bonds for purchase money payable to
each representative.
30. Bond to State for whole unpaid pur-
chase money; bond to be lien on
land.
31. Failure of purchaser to comply; pro-
ceedings upon.
.32. Life estate of surviving husband.
33. Sale free of such life estate.
34. Allowance to such tenant for life.
35. Where such estate is acquired after re-
turn but before sale, return shall be
altered accordingly.
36. Life tenant under deed or devise;
same proceedings to be had.
37. Widow's dower to be laid off.
38. Consent of widow to sale; allowance
out of proceeds.
39. Compensation to commissioners, how
paid.



 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1705   View pdf image (33K)
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