2916 ARTICLE 93.

Grand-nieces take under this section to exclusion of cousins. This section con-
strued in connection with sec. 133. Hoffman v. Watson, 109 Md. 553 (distinguishing
McComas v. Amos, 29 Md. 120).

Cited but not construed in Shriver v. State, 65 Md. 281.

See notes to secs. 133 and 135.

An. Code, sec. 128. 1904, sec. 127. 1888, sec. 128. 1798, ch. 101, sub-ch. 11, sec. 9.
1912, ch. 91. 1916, ch. 224, sec. 128.

133. If there be a brother or sister or a child or descendant of a
brother or sister and no child, descendant, father or mother of the intes-
tate, the said brother, sister or child or descendant of a brother or sister
shall have the whole.

This section is explanatory of sec. 132. Distribution will be made among nephews
and nieces per stirpes and not per capita. McComas v. Amos, 29 Md. 130.

Where a testator leaves legacies to his two brothers who, however, predecease
him, such legacies go to children of legatees per stirpes and not per capita. (See
sec. 335.) The legatees could not dispose of the legacies by their wills. Halsey v.
The Convention, 75 Md. 284.
See notes to secs. 125, 132 and 135.

An. Code, sec. 129. 1904, sec. 128. 1888, sec. 129. 1798, ch. 101. sub-ch. 11, sec. 10.

1916, ch. 224, sec. 129.

134. Every brother and sister of the intestate shall be entitled to an
equal share, and a child or children of a deceased brother or sister of the
intestate shall stand in the place of such brother or sister and a grandchild
or grandchildren and every other descendant or other descendants of a
deceased brother or sister of the intestate in existence at the death of the
intestate shall stand in the place of his, her or their deceased ancestor.
Cited but not construed in Hoffman v. Watson, 109 Md. 554.
See notes to sec. 133.

An. Code, sec. 130. 1904, sec. 129. 1888, sec. 130. 1798, ch. 101, sub-ch. 11, sec. 11.

1912, ch. 91.

135. After children, descendants, father, mother, brothers and sisters
of the deceased, the child or children, grandchild or grandchildren of
brothers and sisters of the deceased and their descendants, all collateral
relations in equal degree shall take, and no representation amongst such
collateral shall be allowed, and there shall be no distinction between the
whole and half blood.

Where nephews are living, grand-nephews do not take, nor do children of first
cousins where first cousins are living. The word " descendants" as used in this
section construed in connection with sec. 133. The term " collaterals" defined.
Suman v. Harvey, 114 Md. 241; Hoffman v. Watson, 109 Md. 554; McComas v.
Amos, 29 Md. 128. And see note (a), Seecamp v. Hammer, 2 H. & G. 11; Duvall v.
Harwood, 1 H. & G. 474; Robins v. State, 1 H. & G. 477.
Last clause of this section applied. Seekarnp v. Hammer, 2 H. & G. 13.

Last clause of this section held inapplicable because there was no conversion of
real estate into personalty. Keller v. Harper, 64 Md. 82.
See notes to sec. 132.

An. Code, sec. 131. 1904, sec. 130. 1888, sec. 131. 1798, ch. 101, sub-ch. 11, sec. 12.

1924, ch. 409.

136. If there be no collaterals, the grandfathers and grandmothers
or such of them as may be living shall take alike.