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The Maryland Code, Public General Laws, 1888
Volume 389, Page 812   View pdf image
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812 INHERITANCE—DESCENTS. [ART. 46

P. G. L., (1860,) art. 47, sec. 25. 1820, ch. 191, sec. 2.

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
leir at the time of the intestate's death; but any child or descend-
ant of the intestate, born after death of the intestate, shall have
the same right of inheritance as if born before the death of the
intestate.

Shriver v. State, 65 Md. 283.

Ibid. sec. 26. 1820, ch. 191, sef. 3.

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.

Lowe v. Maccubbin, 1 H. & J 550. Medley v. Williams 7 G. & J. 61.

Ibid sec 27. 1820, ch. 191, sec 4.

27. If in the descending or collateral line, any father or mother
shall 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 entitled to, and no more; and in such case, when there are
more children 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.

Porter v. Askew, 11 G. & J. 346. Levering v. Heighe, 2 Md. Ch. 81. Elli-

cott v. Ellicott, 2 Md. Ch. 468. Levering v. Levering, 3 Md Ch. 365. Ellwood
v. Lannon's Lessee, 27 Md. 200. McComas v. Amos, 29 Md. 132. Kendall v.
Mondell, 67 Md. 445.

Ibid. sec. 28. 1820, ch. 191, sec. 6.

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
day of January, 1788, but the same shall, during the continuance

of the estate in tall, or limitation in tail, and until the same may

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 812   View pdf image
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