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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2875   View pdf image (33K)
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TESTAMENTARY LAW. 2875

An. Code, sec. 22. 1904, sec. 22. 1888, 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 part of father is entitled to letters before a male first
cousin on part of mother. There is n'o conflict between secs. 22 and 29. The term
" next of kin " as used in this section, defined. This section construed in connection
with sec. 71. Kearney v. Turner, 28 Md. 423.

Where an intestate leaves an only sister who renounces, the next of kin are en-
titled although they have no interest in 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 College v.
Browne, 34 Md. 455.

This section referred to in construing sec. 69—see notes thereto. Lewis v. Logan,
120 Md. 333.

See notes to sec. 18.

An. Code, sec. 23. 1904, sec. 23. 1888, 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 in-
debted to the estate. Cook v. Carr, 19 Md. 4.

This section referred to in construing sec. 34—see notes thereto. Georgetown Col-
lege 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 secs. 18, 21, 22, 32 and 69.

An. Code, sec. 24. 1904, sec. 24. 1888, 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 question of whether petitioner is a sister of half blood, is immaterial. Rich-
ardson 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.

An. Code, sec. 25. 1904, sec. 25. 1888, sec. 25. 1798, ch. 101, sub-ch. 5, sec. 17.

25. Relations descending shall be preferred to relations ascending in
the collateral line; that is to say, (for example) a nephew shall be pre-
ferred to an uncle.

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.

An. Code, sec. 26. 1904, sec. 26. 1888, sec. 26. 1798, ch. 101, sub-ch. 5, sec. 18.

26. None shall be preferred in the ascending line beyond a father or
mother, or in the descending line below a grandchild.

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 see. 18.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2875   View pdf image (33K)
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