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Revised Code of the Public General Laws, 1879
Volume 388, Page 404   View pdf image (33K)
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404 INHERITANCE. [ART. 47.

DIVISION AND ELECTION.

32 Commission for partition of intestate's
land, oath of commissioners
33 A majority to act
34 Notice
85 Appointment of guardian
36 Notice where any of the parties reside out
of the State
37 What evidence of notice
38 To value estate, where to make partition
equally
39 Where to make partition and ascertain
value of each part
40 Allotment
41 Right of election
42 To return partition and allotment
43 Where estate indivisible, to be valued and
return made.

44 When not divisible without loss, to be
valued, right of election.
45 Right of election
46 Right of election, where person entitled
by purchase
47 Notice to party out of the State entitled to
elect
48 Where person entitled disqualified, who
may elect
49 Where person entitled a minor, a married
woman
50 How Election or refusal to elect may be
made
51 Person electing to give bond, bond, lien.

SALE BY COMMISSIONERS.

52 When not taken by election, to be sold,
sale to be ratified
63 Where partners all minors
54 Bonds to be taken, where sold on credit
55 Bonds may be given to the State, bond,
lien
56 How purchaser compelled to comply
67 When divided, curtesy to be laid off
58 When sold, tenant by curtesy to have
share of proceeds
59 Where curtesy in undivided part
60 Same
61 Where life estate in undivided part, re-
mainder after life estate

62 Dower to be laid off
63 May be sold clear of dower by consent,
allowance in lieu of dower
64 Pay of commissioners
65 Deed to person electing
66 Deed to purchaser
67 Where purchaser dies or assigns before
deed executed.
68 Vacancies among commissioners
69 When court may order deed to be made
70 Proceedings not to be set aside for form.

 

DESCENTS

Art 47, s 1
1786 c 45
1820, c 19l, s 1,
What lands
shall descend
21 Md 477, 23
Md 111-113, 12
Md 77, 47 Md
356.

1. If any person seized of an estate in the lands, tenements, or
hereditaments lying in this State, in fee simple, or fee simple con-
ditional, or of an estate in fee tail general, shall die intestate thereof,
such lands, tenements, or hereditaments shall descend in fee simple
to the kindred male and female of such person in the following older,
to wit:

Id s 2
1820, c 191, s 1
How to descend

2. First, to the child or children and their descendants, if any,
equally

Id s. 3
1820, c 191, s 1
How when de-
rived from the

3. If no child or descendant, and the estate descended to the in-
testate on the part of the father, then to the father.

father 27 Md 200

Id s 4
1820, c 191, s 1.
Same
27 Md 200

4. If no father living, then to the brothers and sisters of the in-
testate of the blood of the father, and their descendants equally.

Id s 5
1620, c 191, s 1
Same
27 Md 200.

5. If no brother or sister as aforesaid, or descendant from such
brother or sister, then to the grandfather, on the part of the
father.

Id s 6
1820, c 191, s 1.
Same
27 Md 200.

Id s 7
1820, c 191, s 1.
Same.

6. If no such grandfather living, then to the descendants of such
grandfather and their descendants, in equal degree equally.
7. If no descendant of such grandfather, then to the father of
such grandfather, and if none such living, then to the descendants
of the father of such grandfather in equal degree, and so on, passing



 

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Revised Code of the Public General Laws, 1879
Volume 388, Page 404   View pdf image (33K)
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