TESTAMENTARY LAW. 291Y

An. Code, sec. 132. 1904, sec. 131. 1888, sec. 132. 1798, ch. 101, sub-ch. 11, sec. 13.

137. If any person entitled to distribtition shall die before the same
shall be made, his or her share shall go to his or her representatives.

This section applied. Schaub v. Griffin, 84 Md. 563.

This section referred to in deciding that a next of kin can only make title to dis-
tributive share through an administrator. Neale v. Hagthrop, 3 Bl. 565.

An. Code, sec. 133. 1904, sec. 132. 1888, sec. 133. 1798, ch. 101, sub-ch. 11, sec. 14.

138. Posthumous children of intestates shall take in the same man-
ner as if they had been born before the decease of the intestate, but no
other posthumous relation shall be considered as entitled to distribution
in his or her own right.

This section means that children of an intestate born after his death shall take as
if born before, but no other relation born after his death shall be entitled to take as
distributee in his own right. A nephew in esse before intestate's death is entitled to
take in right of his father although born after his father's death, provided father
died before intestate. Shriver v. State, 65 Md. 283.

This section referred to in deciding that a next of kin can only make title to dis-
tributive share through an administrator. Neale v. Hagthrop, 3 Bl. 565.
See notes to art. 101, sec. 65.

An. Code, sec. 134. 1904, sec. 133. 1888, sec. 134. 1825, ch. 156.

139. The illegitimate child or children of any female, and the issue
of any such illegitimate child or children shall be capable to take real or
personal estate from their mother, or from each other, or from the de-
scendants of each other, in like manner as if born in lawful wedlock.

This section referred to in deciding that illegitimate children were not entitled to
workmen's compensation benefits—see notes to art. 101, sec. 65. Scott v. Indepen-
dent Ice Co., 135 Md. 348 (decided prior to act 1920, ch. 456).
Cited but not construed in Richardson v. Smith, 80 Md. 96.
See art. 46, secs. 6 and 7, and art. 93, sec. 125, and notes.

An. Code, sec. 135. 1904, sec. 134. 1888, sec. 135. 1719, ch. 14. 1729, ch. 24, secs. 17-20.
1798, ch. 101, sub-ch. 11, sec. 15. 1802, ch. 101, sec. 11. 1876, ch. 295.

140. If there be no widow or relations of the intestate within the fifth
degree, which shall be reckoned by counting down from the common an-
cestor to the more remote, the whole surplus shall belong to the State, and
shall be paid to the board of county school commissioners of the county
wherein letters of administration shall be granted upon the estate of the
deceased, for the use of the public schools of said county.

Where corporate stock stands in name of A., agent, and B. in trust, both non-
residents, and there is no proof as to who A.'s principal and B.'s cestui que trustent
are, it is impossible to say to school commissioners of what county or city of Balti-
more the money belongs. This section relates to cases of intestacy only. It becomes
operative only upon assumption that stock in question was the individual property
of deceased. Neither state nor city held entitled to corporate stock; appeal dis-
missed. Liquidation of George's Creek Co., 125 Md. 602.

The degree of kinship between collaterals under this section is ascertained by
counting down from the common ancestor to the more remote; hence first cousins
or nephews of the decedent are related to him in second degree. Where money has
been paid state under this section which belongs to relatives, same is impressed
with a trust in favor of such relatives which may be enforced by court of equity,
though cestui que trust could also sue at law. See notes to sec. 141. Dombrovski v.
Baltimore, 141 Md. 424.

The dying without relations " within the fifth degree " may be proved by cir-
cumstantial or presumptive evidence and by declarations of intestate. Thomas v.
Frederick County School, 7 G. & J. 369; State v. Greenwell, 4 G. & J. 415.