ART. 46] . DESCENTS.; 1289

died entitled to the estate by purchase, and if the intestate has
had more husbands and 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. Annan, 31 Md. 113.

1888, art. 46, sec. 24. 1860, art. 47, sec. 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 beneficial 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.
Latrobe v Carter, 83 Md. 287.

Ibid. sec. 25. 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
descendants, unless such person is in being, and capable in law
to take as heir at the time of the intestate's death; but any
child or descendant 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 1860, art. 47, sec. 26. 18?0, ch. 191, sec. 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. 1860, art. 47, 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

82