Id. s. 22. 1820, c. 191, s. 1. Same. Id. s 23. 1820. c. 191, s. 1. Sam. 31 Md. 115. Id. s. 24. 22. If no such grandfather or any descendant from him, then to the grandfather on the part of the mother, and if no such grandfather, then to his descendants in equal degree equally; and so on without end, alternating the next male paternal ancestor and his descendants, and the next maternal ancestor and his descendants, and giving preference to the paternal ancestor and his descendants. 23. If there be no descendants or kindred of the intestate as aforesaid, to take the estate, then the same shall go to the husband or wife as the case may be, and if the husband or wife be dead, then to his or her kindred in the like course as if such husband or wife had survived the intestate and then had died entitled to the estate by purchase; and if the intestate has had more husbands or 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. 24. But where a trustee in fee tail or fee simple of any lands, When trusts to tenements, or hereditaments, who shall be seized of the naked legal 1831, c. 311, s. 11. descend as at common law. 36 Md. 84; 6 Gill. 487; 2 Bl. 172. Id. s. 25. 1820, c. 191, 8. 2. Posthumous collaterals not to take. Id s. 26. Half blood. 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. 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 the death of the intestate, shall have the same right of inheritance as if born before the death of the intestate. 26. There shall be no distinction between brothers and sisters of 1820, c. 191, s. 3. 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. Id. s. 27. 1820, c. 191, s. 4. lowed. 29 Md. 132. Id. s. 28. 1820, c. 191, s. 6. Estate tail. Special heirs. 27. If in the descending or collateral line, any father or mother may 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 shall have the same share of the estate as the father or mother, if living, would have been entitled to, and no more; and in such case, when there are more children than one, the share aforesaid shall be equally divided among such children; provided, that there be no representation admitted among collaterals after brothers' and sisters' children. 28. Nothing herein contained shall be construed or taken to alter or in any manner change the course of descent as heretofore used and established, so as to affect the case of any entail, or limitation in tail whatever, made, created, and in being before the first day of January, 1788, but the same shall, during the continuance of the estate in tail, or limitation in tail, and until the same may be legally destroyed or barred, descend according to the course of descent heretofore used and established, nor shall anything herein be taken or construed to interfere with or alter any limitation, grant, or gift, by devise, conveyance, or otherwise, to special or particular heirs in a different course of descent from what is by this article specified, but in such cases the descent shall be according to the limitation or form of the gift, devise, or grant, until the entail shall be legally barred or destroyed; nor shall this article, or anything therein contained, be taken or construed to bar or affect any widow's Right of dower. right of dower. 1820, c. 191, s. 7. When children 29. If any man shall have a child or children by any woman Id. s. 29. whom he shall afterwards marry, such child or children, if acknowledged by the man, shall, in virtue of such marriage and acknowl. born out of wededgment, be hereby legitimated, and capable in law to inherit and 43 Md. 516. transmit inheritance as if born in wedlock. lock, may take. Illegitimate Md. 516; 8 Gill. 544. 30. The illegitimate child or children of any female, and the 1868, c. 199. issues of any such illegitimate child or children, shall be able and children. capable in law to take and inherit both real and personal estate from 22 d. 248; 43 their mother, or from each other, or from the descendants of each 129; 2 Bl. 236, 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 illegitimate 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. 1820, c. 191, s. 5. 18 Md 26; 19 Md. 321 20 M4. 979; 11 G. 3 Md. Ch. 461. 156; 27 Md. 693. 37. Any child or children of the intestate, or their issue, having Art. 47, s. 31. received from the intestate any real estate by way of advancement, Advancement. may elect to come into partition with the other parceners, on bringing such advancement, or the value thereof at the time such advance. ment 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 a foresaid, into the common stock or hotchpot, if there be another child or children unprovided for. & J. 185. DIVISION AND ELECTION. 1820, c. 191, ss. Commission tor 32. If the parties entitled to the intestate's estate cannot agree Id. s. 32. upon the division thereof, or if any person entitled to any part be a 8, 13, 43, 45, 46, 47. minor, an application may be made to the Circuit Court of the county partition of inwhere the estate lies, or, if the land lies in different counties, to the 22 Md. 41; 27 Circuit Court of the county where the greater part of the land lies, Md. 34: 32 Md. or if the land lies in the city of Baltimore, then to the Superior 57; 45 Md. 582. testate's land. Md. 368, 453; 29 Oath of commissioners. Id. s. 33. 1820, c. 191, s. 8. A majority to act. Id. s. 34. Notice. Court or Circuit Court for said city, and the court shall appoint and issue a commission to five discreet, sensible men to be commissioners authorizing and empowering them, or a majority of them, to proceed in the premises according to the directions of this article, and in all respects conform to and comply with the provisions hereof, and the said commissioners, or a majority of them, before they proceed to act, shall severally take an oath (to be annexed to the said commission), before some justice of the peace of the county or city, or other person authorized to administer an oath, well and faithfully to perform the duties required of them by the commission, and all duties assigned to them under this article, and that they will proceed in the execution and completion of the said commission without favor, partiality, or prejudice, and according to the best of their judgment and understanding. 33. Whenever a majority of the commissioners to be appointed in virtue of this article shall qualify, they may proceed in the execution of the same, in the same manner as they may do when the whole commissioners qualify as aforesaid. 34. In the execution of this article, and before any proceeding 1820, c. 191, s. 14 is had by the commissioners, they, or a majority of them, shall cause notice to be given to all parties concerned, by advertisement set up at the door of the court-house of the county, or counties, or city, where the lands may lie, and in such other public places in the county, or counties, or city, as they may direct, at least thirty days previous to their proceeding to execute the said commission. Id. s. 35. 35. If any minor shall be interested who hath not a guardian, 1820, c. 191, s. 15, then the court from which the commission issues shall appoint a Appointment of guardian. guardian for the purpose. Id. s 36. 1520, c. 191, s. 50. Notice where any of the par ties reside out of the State. Id. s. 37. What evidence 36. In cases where a commission may issue from any court to make partition of an intestate's estate, and any of the parties interested reside out of this State, the commissioners, or a majority of them, before they proceed in execution of said commission, shall cause notice thereof to be given by advertisement set up at the door of the court-house of the county, or counties, or city, where the lands may lie, and in such other public places in the county, or counties, or city, and also published in such newspaper or papers as they may direct, at least two months previous to their proceeding to execute such commission. 37. In all cases where by this article any notice or publication is 1820, c. 191, s. 51. required, a statement made in the proceedings that due notice, according to law, has been given, or to that effect, shall be prima facie evidence that notice was given according to law. of notice. Id. s. 38. To value estate. 38. The said commissioners, or a majority of them, shall adjudge 1520, c. 191, s. 8. and determine whether the estate will admit of being divided without injury and loss to all the parties entitled, and ascertain the value of such estate in current money, taking into consideration any incumbrance thereon, and ascertain the value of the estate subject to the incumbrance; and if the estate can, in the opinion and judg partition 1820, c. 191, s. 9. ment of the commissioners, or a majority of them, be divided without loss and injury to all parties entitled, then they shall divide and When to make make partition of the same, fairly and equally in value, between equally. all the parties interested, according to their several just proportions. 39. If the estate cannot be divided equally and fairly between Id. s. 39. all the parties interested, according to their several just proportions, When to make then the commissioners, or a majority of them, shall have power to partition and divide the estate into as many parts as it is susceptible of, without of each part. loss and injury to all the parties entitled, and to ascertain the value of each part of such estate in current money, subject to any incumbrance thereon. ascertain value Allotment. 40, If the commissioners, or a majority of them, shall determine Id. s. 40. that the land or estate can be divided in either of the ways herein- 1820, c. 191, s. 10. before mentioned, without loss or injury to all the parties, they shall cause the lands to be surveyed and laid out by the county surveyor, or such other person as they may think qualified, for the several parties, in case the estate consists of lands; and if the estate shall be equally divided between all the parties interested according to their several just proportions, then the commissioners, or a majority of them, shall allot to the several parties their respective shares of the said land; and, in case the estate shall consist of houses, the commissioners, or a majority of them, shall make allotment and partition between the parties. 1820, c. 191, s. 10. 45 Md. 532. 41. If the estate cannot be divided into as many parts as there Ia. s. 41. are persons interested, but shall be divided into as many parts as it Right of elecis susceptible of, and the judgment of the commissioners shall be tin. confirmed by the court, the right of election to take the several parts into which the estate may have been divided, shall be according to the rules herein mentioned. To return ment. 42. The commissioners appointed as aforesaid, or a majority of Id. s. 42. them, after having made partition or allotment in manner aforesaid, in partis shall return their proceedings to the next court to happen there- tion and allots. after, and the same shall be ratified or rejected as justice shall dictate; and if ratified, and no appeal by either party, the partition made as aforesaid shall be recorded, and remain and be binding; and if rejected, a new partition shall be made and returned as aforesaid, and either party may appeal from the judgment of the court to the Court of Appeals. 1820, c. 191, s. 17. valued and return made. 43. If the estate consist of things indivisible in their nature, Id. s. 43, then the commissioners, or a majority of them, shall proceed to when estate in-appraise and value the said estate, and make return thereof to the divisible, to be court, as hereinbefore directed; and if the judgment of the commissioners shall be confirmed by the court, then the person or persons entitled under this article to elect to take other estates at the valuation of the commissioners, shall have the same election as it respects the estate provided for in this section. 44. If the said commissioners, or a majority of them, shall determine that the estate cannot be divided without loss and injury to Id. s. 44. 1820, c. 191, s. 9. loss, to be valued. visible without all the parties, they shall make return to the court of their judgment, and the reasons upon which the same is formed, and the real value of the estate in current money, subject to the incumbrance, if any thereon; and if the judgment of the commissioners shall be confirmed by the court, then in the said court, and before the expiration of the term next succeeding that in which the return of the commissioners shall have been confirmed, the eldest son, child, or person entitled, if of age, shall have election to take the whole estate, and pay to the others their just proportions of the value in Right of election. Id. s. 45. 1820, c. 191, s. 9. Right of election. 16 Md. 534. Id. s. 46. 182, c. 91, s. 31; 45 Md. 532. Where person entitled by purchase. Id. s. 47. 1820, c. 191, s. 13. Notice to party entitled to elect out of the State. Id s. 48. Where person entitled dis money. 45. If the eldest child, or person entitled, refuses to take the estate, and pay to the others money for their proportions, then the next eldest child, or person entitled, being of age, shall have the same election, and so on to the youngest child, or person entitled. 46. In all cases where a person is entitled by purchase or otherwise to the undivided estate of an heir to a person dying intestate, and any such person cannot agree with the other heirs' or persons entitled upon a division, or in case any party entitled is an infant, or non compos mentis, then any such person shall have the right to proceed under this article, and the same right of election, as the heir would have had under whom he claims. 47. If any person entitled to make election to take the estate of any intestate as aforesaid, shall be absent from the county, or not residing therein at the time when such election ought to be made, and shall not appear in court and elect, or refuse to elect to take the said estate, or any part thereof, as the case may be, the court shall pass an order to be published in some convenient newspaper at least four weeks successively, giving notice of the return and confirmation of the commission, and appointing some day in the term next succeeding that in which the said order shall be passed for such absent person to appear in court and make his election as aforesaid; and on proof being made to the satisfaction of the court of the due publication as aforesaid, and on the non-appearance of the person so absent, it shall be lawful for the person next entitled to come in and make election, in the same manner as if the person so absent had appeared and refused to take the estate. 48. If any person entitled to make election as aforesaid, shall 1820, c. 191, s. 31. be non compos mentis, or otherwise disqualified to declare his intention, in such case the person next entitled shall be authorized to make his election, in the same manner as if the person disqualified had refused to make election. qualified, who may elect. Id. s. 49. 1820, c. 191, ss. 32, 33. When person entitled, a minor. When a married woman. Id. s. 50. 49. In case the eldest male shall not be of age to make his election, it shall be lawful for the eldest female, if of the age of twentyone years, to elect to take the lands at the valuation of the commissioners, notwithstanding the existence of any male minor, and any husband may elect to take in right of his wife. 50. Every person entitled to elect or refuse to take the whole or How election, or any part of any estate at the value ascertained and returned by the 1827, c. 208, s. 2. |