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The Maryland Code, Public General Laws, 1888
Volume 389, Page 811   View pdf image
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ART. 46.] INHERITANCE—DESCENTS. 811

P. G. L , (1860,) art. 47, sec. 21 1820, ch. 191, sec. 1.

21. If no brother or sister of the whole or half blood, or any
descendant from such brother or sister, then to the father, and if
no father living, then to the mother, and if no mother living,
then to the grandfather on the part of the father, and if no such
grandfather living, then to the descendants of such grandfather
in equal degree, equally.

Hall B. Jacobs, 4 H. & J. 256. Donnelly v. Turner, 60 Md. 81.

Ibid. sec. 22. 1820, ch. 191, sec. 1.

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

Ibid. sec. 23. 1820, ch. 191, sec. 1.

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 hus-
bands 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.

Southgate v. Arman, 31 Md. 113.

Ibid. see. 24. 1831, ch. 311, sec. 11.

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 bene-
ficial interest or estate whatsoever in the said lands, tenements and
hereditaments, 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.

Winder v. Diffenderffer, 2 Bl. 172. Duffy v. Calvert, 6 Gill, 487. Hawkins
v. Chapman, 36 Md. 83. Druid Park Heights Co. v. Oettinger, 53 Md. 61.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 811   View pdf image
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