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The Maryland Code Public General Laws, 1904
Volume 393, Page 1291   View pdf image (33K)
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ART. 46] ADVANCEMENT—DIVISION AND ELECTION. 1291

1888, art. 46. sec. 30. 1860, art. 47, sec. 30. 1825, ch. 156. 1868, ch. 199.

30. The illegitimate child or children of any female, and
the issue of any such illegitimate child or children shall be
capable in law to take and inherit both real and personal estate
from their mother, or from each other, or from the descendants
of each other, as the case may be; and where such illegitimate
child or children shall die, leaving no descendants, or brothers
or sisters, or the descendants of such brothers and sisters,
then and in that case, the mother of such illegitimate child or
children, if living, shall inherit both real and personal estate
from such illegimate child or children; and if the mother be
dead, then and in that case, the heirs at law of the mother
shall inherit the real and personal estate of such illegitimate
child or children in like manner as if such illegitimate child or
children had been born in lawful wedlock.

Miller v. Stewart, 8 Gill, 129. Hawbecker v. Hawbeckei, 43 Md. 516.
Estep v. Mackey, 52 Md. 599.

Ibid sec. 31. 1860, art. 47, sec. 31. 1620, ch. 191, sec. 5.

31. Any child or children of the intestate, or their issue,
having received from the intestate any real estate by way of
advancement, may elect to come into partition with the other
parceners on bringing such advancement, or the value thereof
at the time such advancement was received, into hotchpot with
the estate descended; but such child or children, or their issue,
shall not be entitled to claim a share by descent, without
bringing such advancement, or the value thereof as aforesaid,
into the common stock or hotchpot, if there be another child
or children unprovided for.

Warfield v. Warfield, 5 H. & J. 459. Stewart v. State, 2 H. & G. 114.
Chase e. Lockerman, 11 G. & J. 185. Young's Estate, 3 Md. Ch. 461
Hoffar v. Dement, 6 Gill, 132. Morris v. Harris, 9 Gill, 19. Hayden v.
Burch, 9 Gill, 79. Gilpin v. Hollingsworth, 3 Md. 190. Parks v. Parks, 19
Md 324. Cecil v. Cecil, 20 Md. 166. Clark v. Wilson, 27 Md. 693. Dilley
v. Love, 61 Md. 604.

Division and Election.

Ibid sec. 32. 1860, art 47, sec. 32. 1820, ch. 191, secs. 8, 13, 43, 45, 46,47.

32. If the parties entitled to the intestate's estate cannot
agree upon the division thereof, or if any person entitled to
any part be a minor, an application may be made to the circuit
court for the county where the estate lies, or if the land lies in
different counties, to the circuit court for the county where the
greater part of the land lies, or if the land lies in the city of


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1291   View pdf image (33K)
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