406

INHERITANCE. [ART. 47.

Id s 22
1820, c 191, s 1
Same.

22. If no such grandfather or any descendant from him, then to
the grandfather on the part of the mother, and if no such grand-
father, then to his descendants in equal degree equally; and so on
without end, alternating the next male paternal ancestor and his de-
scendants, and the next maternal ancestor and his descendants, and
giving preference to the paternal ancestor and his descendants.

Id s 23
1820 c 191, s. 1
Same.
31 Md 115

23, If there be no descendants or kindred of the intestate as
aforesaid, to take the estate, then the same shall go to the husband
or wife as the case may be, and if the husband or wife be dead, then
to his or her kindred in the like course as if such husband or wife
had survived the intestate and then had died entitled to the estate
by purchase; and if the intestate has had more husbands or wives
than one, and all shall die before such intestate, then the estate
shall be equally divided among the kindred of the several husbands
or wives in equal degree equally

Id s 24
1831, c 311, s 11
When trusts to
defend as at
common law.
36 Md 84,
6 Gill 487,
2 Bl. 172.

24. But where a trustee in fee tail or fee simple of any lands,
tenements, or hereditaments, who shall be seized of the naked legal
estate therein, without having or being entitled to any beneficial in-
terest or estate whatsoever in the said lands, tenements, and here-
ditaments, shall die, the said legal estate shall be deemed and taken
to have descended to such person or persons as would have been
the heirs of such trustee at common law.

Id s 25
1820, c 191, s 2
Posthumous
collaterals not
to take

25. No right in the inheritance shall accrue to or vest in any
person other than to children of the intestate and their descend-
ants, unless such person is in being, and capable in law to take as
heir at the time of the intestate's death, but any child or descend-
ant of the intestate, horn after the death of the intestate, shall have
the same right of inheritance as if born before the death of the in-
testate.

Id s 26.
1820, c 191, s 3
Half blood

26. There shall be no distinction between brothers and sisters of
the whole and half blood, all being descendants of the same father,
where the estate descended on the part of the father. Nor shall
there be any distinction between brothers and sisters of the whole
and half blood, all being descendants of the same mother, when the
estate descended on the part of the mother.

Id s 27
1820, c 191, s 4
When repre-
sentation al-
lowed
27 Md 200,
29 Md 132.

27.. If in the descending or collateral line, any father or mother
may be dead, the child or children of such father or mother shall,
by representation, be considered in the same degree as the father or
mother would have been if living, and shall have the same share of
the estate as the father or mother, if living, would have been en-
titled to, and no more, and in such case, when there are more chil-
dren than one, the share aforesaid shall be equally divided among
such children; provided, that there be no representation admitted
among collaterals after brothers' and sisters' children.

Id s 28
1820, c 191, s 6
Estate tail
Special heirs

28. Nothing herein contained shall be construed or taken to
alter or in any manner change the course of descent as heretofore
used and established, so as to affect the case of any entail, or limi-
tation in tail whatever, made, created, and in being before the first