1996 TESTAMENTARY LAW. [ART. 93

1888, art. 93, sec 123. 1860, art. 93, sec. 124. 1798, ch. 101,
sub-ch. 11, sec. 4. 1898, ch. 331.

122. The surplus, exclusive of the share of the surviving
husband or widow, as the case may be, or the whole surplus
(if there be no surviving husband or widow), shall go as fol-
lows.

Ibid, sec 124. 1860, art. 93, sec. 125. 1798, ch. 101, sub-ch. 11, sec. 5.

123. If there be children aid no other descendants, the
surplus shall be divided equally amongst them.
Schaub v. Griffin, 84 Md. 568.

Ibid. sec. 125. 1860, art. 93, sec. 126. 1798, ch. 101, sub-ch. 11, sec. 6.

124. If there be a child or children, and a child or children
of a deceased child, the child or children of such deceased child
shall take such share as his, her or their deceased parent would
(if alive) be entitled to; and every other descendant or other
descendants in existence at the death of the intestate shall stand
in the place of his or their deceased ancestor; provided, that if
any child or descendant shall have been advanced by the intes-
tate by settlement, or portion, the same shall be reckoned in the
surplus; and if it be equal or superior to a share, such child
or descendant shall be excluded, but the widow shall have no
advantage by bringing such advancement into reckoning; and
maintenance or education, or money given without a view to a
portion or settlement in life shall not be deemed advancement;
and in all cases those in equal degree claiming in the place of
au ancestor shall take equal shares.

Stewart v State, 2 H. & G. 114. State v. Jameson, 3 G. & J. 442. Stewart v.
Pattison, 8 Gill, 46. Hayden v. Burch, 9 Gill, 81 Smith v Donnell, 9 Gill,
86. Young's Estate, 3 Md. Ch. 461. Dugan v. Hollins, 4 Md. Ch. 139. Cecil
v. Cecil, 19 Md. 81. Parks v. Parks, 19 Md. 332. Cecil v. Cecil, 20 Md 153.
Clark v. Wilison, 27 Md 693 McComas v. Amos, 29 Md. 120. Pole v. Sim-
mons, 45 Md. 246. Dilley v. Love, 61 Md. 603.

Ibid. sec. 126. 1860, art. 93, sec. 127. 1798, ch. 101, sub-ch. 11,
sec. 7.

125. If there be a father and no child or descendant, the
father shall have the whole.

Chester County Hospital v. Hayden, 83 Md. 115. Schaub v. Griffin, 84
Md. 563.

Ibid, sec 127. 1860, art. 93, sec. 128. 1798, ch. 101, sub. ch. 11, sec 8.

126. If there be a brother or sister, or child or descendant
of a brother or sister, and no child, descendant or father of