ART. 47. ] INHERITANCE.
day of January, 1788, but the same shall, during the continuance of
the estate in tail, or limitation in tail, and until the same may be
legally destroyed or barred, descend according to the course of de-
scent heretofore used and established, nor shall anything herein be
taken or construed to interfere with or alter any limitation, grant,
or gift, by devise, conveyance, or otherwise, to special or particular
heirs in a different course of descent from what is by this article
specified, but in such cases the descent shall be according to the
limitation or form of the gift, devise, or giant, until the entail shall
be legally barred or destroyed; nor shall this article, or anything
|
407
|
therein contained, be taken or construed to bar or affect any widow's
right of dower.
|
Right of dower.
|
29. If any man shall have a child or children by any woman
whom he shall afterwards marry, such child or children, if acknowl-
edged by the man, shall, in virtue of such marriage and acknowl-
edgment, be hereby legitimated, and capable in law to inherit and
transmit inheritance as if born in wedlock.
|
Id s 29
1820, c 191, s. 7.
When children
born out of wed-
lock, may take.
43 Md 516
|
30. The illegitimate child or children of any female, and the
issues of any such illegitimate child or children, shall be able and
capable in law to take and inherit both real and personal estate from
their mother, or from each other, or from the descendants of each
other, as the case may be, and where such illegitimate child or chil-
dren shall die, leaving no descendants, or brothers or sisters, or the
descendants of such brothers and sisters, then and in that case, the
mother of such illegitimate child or children, if living, shall inherit
both real and personal estate from such illegitimate child or chil-
dren, and if the mother be dead, then and in that case, the heirs at
law of the mother shall inherit the real and personal estate of such
illegitimate child or children, in like manner as if such illegitimate
child or children had been born in lawful wedlock.
|
1868, c 199
Illegitimate
children
22 Md 248, 41
Md. 516, 8 Gill.
129, 2 Bl 236,
544.
|
31. Any child or children of the intestate, or their issue, having
received from the intestate any real estate by way of advancement,
may elect to come into partition with the other parceners, on bring-
ing such advancement, or the value thereof at the time such advance-
ment was received, into hotchpot with the estate descended, but such
child or children, or their issue, shall not be entitled to claim a share
by descent, without bringing such advancement, or the value thereof,
as aforesaid, into the common stock or hotchpot, if there be another
child or children unprovided for.
DIVISION AND ELECTION.
|
Art 47, s. 31.
1820, c 191, s 5.
Advancement
3 Mil 01) 461
18 Md 26, 19
Met 824, 20 Md.
156, 27 Md 693
9 Gill 79, 11 G.
& J 185
|
32. If the parties entitled to the intestate's estate cannot agree
upon the division thereof, or if any person entitled to any part be a
minor, an application may he made to the Circuit Court of the county
where the estate lies, or, if the land lies in different counties, to the
Circuit Court of the county where the greater part of the land lies,
or if the land lies in the city of Baltimore, then to the Superior
|
Id s 32
1820, c 191, SB
8, 13, 43, 45, 46, 47.
Commission for
partition or in-
testate's land
22 Md 41, 27
Md 368, 453, 29
Md 34. 32 Md.
57, 45 Md 632.
|
|
![clear space](../../../images/clear.gif) |