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The Maryland Code Public General Laws, 1904
Volume 393, Page 1286   View pdf image (33K)
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1286 INHERITANCE. [ART. 46

Descents.

1888, art. 46, sec. 1. 1860, art. 47, sec. 1. 1786, ch. 45. 1820, ch. 191, sec. 1.

1. If any person seized of an estate in lands, tenements, or
hereditaments, lying in this State, in fee simple, or fee simple
conditional, or of an estate in fee tail general, shall die intestate
thereof, such lands, tenements or hereditaments shall descend
in fee simple to the kindred, male and female, of such person,
in the following order, to wit :
Mason v. Johnson, 47 Md. 356. B. & O. R. R. Co. v. Patterson, 68 Md. 606.

Ibid. sec. 2. 1860, art. 47, sec. 2. 1820, ch. 191, sec. 1.

2. To the child or children and their descendants, if any,
equally.

Ibid, sec 3. 1860, art, 47, sec. 3. 1820, ch. 191, sec. 1.

3. If no child of descendant and the estate descended to
the intestate on the part of the father, then to the father.

Ibid. sec. 4. 1860, art 47, sec. 4. 1820, ch 191, sec. 1.

4. If no father living, then to the brothers and sisters of
the intestate of the blood of the father and their descendants,
equally.

Ibid sec. 5. 1860, art. 47, sec. 5. 1820, ch. 191, sec. 1.

5. If no brother or sister as aforesaid, or descendant from
such brother or sister, then to the grandfather on the part of
the father.

Ibid, sec 6. 1860, art. 47, sec. 6. 1820, ch. 191, sec. 1.

6. If no such grandfather living, then to the descendants of

such grandfather and their descendants, in equal degree, equally.

Stewart's Lessee v. Evans, 3 H. & J 287. Stewart's Lessee v. Jones, 8

G. & J 1. Torrance v. Torrance, 4 Md. 11.

O

Ibid. sec. 7. 1860, art 47, sec. 7. 1820, ch. 191, sec. 1.

7. If no descendant of such grandfather, then to the father
of such grandfather; and if none such living, then to the
descendants of the father of such grandfather in equal degree ;
and so on, passing to the next lineal male paternal ancestor;
and if none such, to his descendants in equal degree, without
end.

Stewart v. Collier's Lessee, 3 H. & J 289.

Ibid. sec. 8. 1860, art. 47, sec 8. 1820, ch. 191, sec. 1

8. If no paternal ancestor or descendant from such ancestor,
then to the mother of the intestate.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1286   View pdf image (33K)
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