52                                             LAWS OF MARYLAND                               [Ch. 11

REVISOR'S NOTE: This section presently appears as
Art. 93, §3-104. The only changes are in
language and style.

3-105. ESCHEAT.

(A)   GENERAL.

IF THERE IS NO PERSON ENTITLED TO TAKE UNDER §§3-102
THROUGH 3-104, THE NET ESTATE SHALL BE CONVERTED TO CASH
AND PAID TO THE BOARD OF EDUCATION IN THE COUNTY IN WHICH
THE LETTERS HERE GRANTED, AND SHALL BE APPLIED FOR THE
USE OF THE PUBLIC SCHOOLS IN THE COUNTY.

(B)   REFUND.

AFTER PAYMENT HAS BEEN MADE TO THE BOARD OF
EDUCATION, IF A CLAIM FOR REFUND IS FILED BY A RELATIVE
WITHIN THE THIRD DEGREE LIVING AT THE DEATH OF THE
DECEDENT OR BY THE PERSONAL REPRESENTATIVE OF THE
RELATIVE, AND THE CLAIM IS ALLOWED, THE CLAIMANT SHALL BE
ENTITLED TO A REFUND, WITHOUT INTEREST, OF THE SUM PAID.

REVISOR'S NOTE: This section presently appears as
Art. 93, §3—105. The only changes are in
style and language.

3-106. ADVANCEMENT.
(A) GENERAL.

IF A PERSON DIES INTESTATE AS TO A PART OF HIS NET
ESTATE, PROPERTY WHICH HE GAVE IN HIS LIFETIME TO AN HEIR
SHALL BE TREATED AS AN ADVANCEMENT AGAINST THE SHARE OF
THE LATTER OF THE NET ESTATE IF DECLARED IN WRITING BY
THE DECEDENT OR ACKNOWLEDGED IN WRITING BY THE HEIR TO BE
AN ADVANCEMENT.

(E) VALUATION.

FOR THIS PURPOSE THE PROPERTY ADVANCED SHALL BE
VALUED AS OF THE TIME THE HEIR CAME INTO POSSESSION OR
ENJOYMENT OF THE PROPERTY.

(C)   FAILURE OF RECIPIENT TO SURVIVE.

IF THE RECIPIENT OF THE PROPERTY FAILS TO SURVIVE
THE DECEDENT, THE PROPERTY SHALL BE TAKEN INTO ACCOUNT IN
COMPUTING THE SHARE OF THE ISSUE OF THE RECIPIENT.

(D)   SHARE OF SURVIVING SPOUSE.

AN ADVANCEMENT TO AN HEIR OTHER THAN THE SURVIVING
SPOUSE MAY NOT INCREASE THE SHARE OF THE SURVIVING SPOUSE