ART. 93.] DISTRIBUTION. 1357

in the place of his or their deceased ancestor; provided, that if
any child or descendant shall have been advanced by the intes-
tate by settlement, or portion, the same shall be reckoned in the
surplus; and if it be equai or superior to a share, such child or
descendant shall be excluded, but the widow shall have no advan-
tage by bringing such advancement into reckoning; and mainte-
nance or education, or money given without a view to a portion
or settlement in life shall not be deemed advancement; and in.
all cases, those in equal degree claiming in the place of an
ancestor shall take equal shares.

Stewart v. State, 2 H. & G. 114. State v. Jamison, 3 G. & J. 442. Stewart v.
Pattison, 8 Gill, 46. Hayden v. Burch, 9 Gill, 81. Smith v. Donnell, 9 Gill,
86. Young's Estate, 3 Md. Ch. 461. Dugan v. Hollins, 4 Md. Ch. 139. Cecil
v. Cecil, 19 Md. 81. Parks v. Parks, 19 Md. 332. Cecil v. Cecil, 20 Md. 153.
Clarke v. Wilson, 27 Md. 693. McComas v. Amos, 29 Md. 120. Pole v. Sim-
mons, 45 Md. 246. Dilley v. Love, 61 Md. 603.

P. G. L., (1860,) art. 93, sec. 127. 1798, ch. 101, sub-ch. 11, sec. 7.

126. If there be a father, and no child or descendant, the
father shall have the whole.

Ibid. sec. 128. 1798, ch. 101, sub-ch. 11, sec. 8.

127. If there be a brother or sister, or child or descendant of
a brother or sister, and no child, descendant or father of the intes-
tate the said brother, sister, or child or descendant of a brother or
sister, shall have the whole.

Duvall & Harwood, 1 H. & G. 474. Robbins v. State, 1 H. & G. 476 (note).
Porter v. Askew, 11 G. & J. 350. McComas v. Amos, 29 Md. 120. Shriver o.
State, 65 Md. 278.

Ibid. sec. 129. 1798, ch. 101, sub-ch. 11, sec. 9.

128. Every brother and sister of the intestate shall be entitled
to an equal share, and the child or children of a brother or sister
of the intestate shall stand in the place of such brother or sister.

McComas v. Amos, 29 Md. 120.

Ibid. sec. 130. 1798, ch. 101, sub-ch. 11, sec. 10.

129. If the intestate leave a mother, and no child, descendant,
father, brother, sister or child, or descendant of a brother, or sis-
ter, the mother shall be entitled to the whole; and in case there