2914 ARTICLE 93.

This section referred to in construing sec. 335—see notes thereto. Vosel v. Turnt,
110 Md. 203.

Cited but not construed in Myers v. Safe Deposit Co., 73 Md. 424.
See notes to sec. 123.
As to the descent of real estate, see art. 46, sec. 1, et seq.

An. Code, sec. 120. 1904, sec. 119. 1888, sec. 120. 1798, ch. 101, sub-ch. 11, sec. 1.

1898, ch. 331.

125. 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.

For a case dealing with act of 1892, ch. 571 (sec. 32 of art. 93 of Code of 1888, now
repealed), see Brian v. Tylor, 129 Md. 158.

Art. 46, sec. 7, construed in connection with this section. The mother of an illegi-
timate child is a " parent" within meaning of this section. Reese v. Starner, 106
Md. 52. And see Barron v. Zimmerman, 117 Md. 302.

See secs 124 and 310 to 326 and notes, and art. 45, secs. 6 and 7.

An. Code, sec. 121. 1904, sec. 120. 1888, sec. 121. 1798, ch. 101, sub-ch. 11, sec. 2.

1898, ch. 331.

126. 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.

A fund, if it was treated as personalty at date of its division between father and

children of his first wife, was properly distributed. Laches. Henderson v. Harper, 127

Md. 432.

Although, in absence of fraud, a husband may dispose of his personal property in
his lifetime as he pleases, he cannot 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 sec. 335—see notes thereto. Vogel v. Turnt,
110 Md. 200.
See notes to sec. 127.

An. Code, sec. 122. 1904, sec. 121. 1888, sec. 122. 1798, ch. 101, sub-ch. 11, sec. 3.

1898, ch. 331.

127. 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 sis-
ter, the surviving husband or widow, as the case may be, shall have one-
half.

This section applied. Pacholder v. Rosenheim, 129 Md. 458.
This section referred to in determining whether a widow was included in the
term " heirs " as used in a will. Shriver v. Shriver, 127 Md. 491.

Where a legacy is given to a married woman who dies before testator and without
issue, but leaving a brother and a husband, the latter is entitled to one-half of legacy.
Vogel v. Turnt, 110 Md. 200; Harris v. Harris, 12 G. & J. 474.

Where widow renounces her husband's will, there being no child, this section
applies. Coomes v. Clements, 4 H. & J. 483. And see Griffith v. Griffith, 4 H. &
McH. 101 and note (a).

An Code, see. 123. 1904, sec. 1-22. 1888, sec. 123. 1798, ch. 101, sub-ch. 11, sec. 4.

1898, ch. 331.

128. The surplus, exclusive of the share of the surviving husband or
widow, as the case may be, or the whole surplus (if there be no surviving
husband or widow), shall go as follows. ;