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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3379   View pdf image (33K)
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TESTAMENTARY LAW 33Y9

"next of kin" as used in this section, defined. This section construed in connection
with sec. 74. Kearney v. Turner, 28 Md. 423.

Where an intestate leaves an only sister who renounces, the next of kin are entitled
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. 72—see notes thereto. Lewis v. Logan,
120 Md. 333.

Where there is brother, niece and nephew not entitled unless brother incompetent
or declined to administer. Mobley v. Mobley, 149 Md. 404.

See notes to sec. 19.

An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 23. 1888, sec. 23. 1798, ch. 101,
sub-ch. 5, sec. 15. 1935, ch. 263.

24. There shall be no preference of males to females in equal degree or
kin in any of the sections covering the appointment of administrators, any
words to the contrary therein notwithstanding.

This section applied notwithstanding the fact that the male applicant was indebted
to the estate. Cook v. Carr, 19 Md. 4.

This section referred to in construing sec. 35—see notes thereto. Georgetown College
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. 19, 22, 23, 33 and 72.

An. Code, 1924, sec. 24. 1912, sec. 24. 1904, sec. 24. 1888, sec. 24. 1798, ch. 101,

sub-ch. 5, sec. 16.

25. 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 preferred
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. Richardson
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. 19 and 22.

An. Code, 1924, sec. 25. 1912, sec. 25. 1904, sec. 25. 1888, sec. 25. 1798, ch. 101,

sub-ch. 5, sec. 17.

26. 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. 19.

An. Code, 1924, sec. 26. 1912, sec. 26. 1904, sec. 26. 1888, sec. 26. 1798, ch. 101,

sub-ch. 5, sec. 18.

27. 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 sec. 19.

An. Code, 1924, sec. 27. 1912, sec. 27. 1904, sec. 27. 1888, sec. 27. 1798, ch. 101,

sub-ch. 5, sec. 19.

28. A feme sole shall be preferred to a married woman in equal degree.

Letters will be granted to person entitled at time application is made, and not to
one entitled at time of death of intestate. Griffith v. Coleman, 61 Md. 252.

This section applies to children as well as other applicants for letters. Smith v.
Young, 5 Gill, 205.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3379   View pdf image (33K)
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