Art. 93, s. 120. 21 Md. 11, 136; 34 M. 73; 35 1. When all the debts of an intestate exhibited and proved, or notified, and not barred, shall have been discharged or settled, or allowed to be retained as directed in article L of this Code, the administrator shall proceed to make distribution of the surplus as follows: 2. If the intestate leave a widow, and no child, parent, grandchild, brother, or sister, or the child of a brother or sister of the said Who entitled to, intestate, the said widow shall be entitled to the whole. Md. 361; 36 Md. 447, 459, 511. Id. s. 121. 1798, c. 101, sub-c 11, s. 1. and in what or der and shares. Where there is a widow. Id. s. 122. 1798, c. 101, sub-c 11, s. 2. Same. 38 Md.183. Id. s. 123. 1798. e. 101, sub-c 11, s. 3. Same. Where there is a widow. Id. s. 124. 1798, c. 101, sub-c. 11, s. 4. Same. Exclusive Id. s. 125. 1798, c. 101, of sub-c. 11, s. 5. Same. Id s. 126. 1798, c. 101, sub-c. 11, s. 6. 19 Md. 81, 332; 27 M4, 693; 45 Md. 246; 11 G. & 8 Gill. 46. 3. If there be a widow, and a child or children, or a descendant or descendants from a child, the widow shall have one-third only. Where there is a widow. 4. If there be a widow, and no child, or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow shall have onehalf. 5. The surplus, exclusive of the widow's share, or the whole surplus (if there be no widow), shall go as follows: widow's share, or the whole surplus. 6. If there be children, and no other descendants, the surplus shall be divided equally amongst them. 7. 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 Representation. take such share as his, her, or their deceased parent would (if alive) be entitled to; and every other descendant or other descendants in J. 185; 9 Gill. 81; 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 intestate 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 an ancestor, shall take equal shares. Advancement. 8. If there be a father, and no child or descendant, the father Id. s. 127. 1798, c. 101, shall have the whole. sub-c. 11, s. 7. When the father takes the whole. 1798, c. 101, 9. If there be a brother or sister, or child or descendant of a Id. s. 128. brother or sister, and no child, descendant, or father of the intes- sub-c. 11, s. 8. When brother, tate, the said brother, sister, or child or descendant of a brother or etc. sister, shall have the whole. 10. Every brother and sister of the intestate shall be entitled to an equal share, and the child or children of a brother or sister of the intestate shall stand in the place of such brother or sister. 29 Md. 120. Id. s. 129. 1798, c. 101, Share of brother Id. s. 130. sub-c. 11, s. 10. The mother's share. d. s. 131. sub-c. 11, s. 11. 1798, c. 101, 11. If the intestate leave a mother, and no child, descendant, father, brother, sister, or child, or descendant of a brother or sister, the mother shall be entitled to the whole; and in case there be no father, a mother shall have an equal share with the brothers and sisters of the deceased, and their children and descendants. 12. After children, descendants, father, mother, brothers, and sisters of the deceased, and their descendants, all collateral relations in equal degree shall take, and no representation amongst such collaterals shall be allowed; and there shall be no distinction between the whole and half blood. 13. If there be no collaterals, a grandfather may take, and if Id. s. 132. there be two grandfathers, they shall take alike; and a grandmother, in case of the death of her husband, the grandfather, shall take as he might have done. 14. If any person entitled to distribution shall die before the same shall be made, his or her share shall go to his or her representatives. Persons dying before, representatives to take. 15. Posthumous children of intestates shall take in the same manner as if they had been born before the decease of the intestate, but no other posthumous relation shall be considered as entitled to distribution in his or her own right. Collaterals. 29 Md. 120; 2 H. & G. 9. 1798, c. 101, sub-c. 11, s. 12. No collaterals. Id. s. 133. sub-c. 11, s. 13. 1798, c. 101, Art. 93, s. 134. sub-c. 11, s. 14. 1798, c. 101, What posthumous children to take. Id. s. 135. 1825, c. 156. what illegiti mate children 16. The illegitimate child or children of any female, and the issue of any such illegitimate child or children, shall be capable to take real or personal estate from their mother, or from each other, to take. or from the descendants of each other, in like manner as if born in 43 Md. 516. lawful wedlock. State. & J. 407; 7 G. & 17. If there be no widow or relations of the intestate within the 1876, c. 295. When surplus fifth degree, which shall be reckoned by counting down from the to go to the common ancestor to the more remote, the whole surplus shall belong 47 M. 14; 4 G. to the State, and shall be paid to the board of county school com- J. 369. missioners of the county wherein letters of administration shall be To whom to be granted upon the estate of the deceased, for the use of the public schools of said county. paid. 1878, c. 316. 18. If any legal representative shall appear after payment has 1729, c. 24, s. 20. been made under the preceding section, the board of county school when and by commissioners receiving such payment shall pay the same to such whom refunded. representative; but no collateral more remote than brothers' and sisters' children shall claim under this section. 19. In case the surplus remaining in the administrator's hands, Art. 93, s. 138. 1798, c. 101, sub-c. 11, s. 16. 19 Md. 42. Id. s. 139. 1810, c. 31, s. 5. specific articles. 9 Md. 290. after payment of all just debts exhibited and proved, or notified and not barred, or after retaining for the same, shall consist of specific property or articles mentioned in the inventory or inventories, the administrator, if he cannot satisfy the parties, may apply to the court to make distribution, and the court may appoint a day for making distribution, and by summons call on the said parties to appear; and the said court may, at the appointed time, proceed to distribute. But if a majority in point of value shall neglect to appear, or appearing shall object to the distribution of the articles, or if the court shall deem a sale of the said articles, or any part of them, more advantageous, a sale shall be directed accordingly, and the rules herein laid down relative to a sale by order of the said court shall be observed. 20. Whenever a distribution of specific articles is to be made, Distribution of the Orphans' Court may appoint two disinterested persons, not in any way related to the parties concerned, to make such distribution amongst the persons entitled as to them shall seem meet and proper ; or if, in their opinion, upon a view of such articles, no distribution amongst the persons entitled could be by them made which would operate equally, but a sale thereof would be more advantageous to them, they shall return to the Orphans' Court their opinion in writing, and the court shall thereupon order a sale of such articles upon reasonable notice, and cause the proceeds of such sale to be equally distributed among the parties entitled. 32. All wills when proven to be retained by 33. Register to receive ambulatory wills for registr; how produced on issue of de visarit vel non. safe keeping; his fees; index. 1798, c. 101, What lands pass 1. All lands, tenements, and hereditaments which might pass by Art. 93, s. 298. deed, or which would, in case of the proprietor's dying intestate, sub-c. 1, s. 1. descend to or devolve on his or her heirs or other representatives, by will. except estates tail, shall be subject to be disposed of, transferred, and passed by his or her last will, testament, or codicil, under the following restrictions. at 21 Md. 488; 30 Md. 447 36 Md. 434. Id. s. 299. sub-c. 1, s. 2. 1798, c. 101, Perpetuities forbidden. 28 Md. 339. a. s. 300. sub-c. 1, s. 3. 1798, c. 101, What persons capable. 2. No will, testament, or codicil shall be effectual to create any interest or perpetuity, or make any limitation, or appoint any uses not now permitted by the Constitution or laws of this State. 3. No will, testament, or codicil, shall be good and effectual for any purpose whatsoever, unless the person making the same be the time of executing or acknowledging it as hereafter directed, of sound and disposing mind, and capable of executing a valid deed or contract. No will, testament, or codicil shall be good and effectual to pass any interest or estate in any land, tenement, or incorporeal hereditament, unless the person making the same, if a male, be of 38 Md. 188; 43 the full age of twenty-one years, and if a female, of the full age of J. 269; 8 Gill. eighteen years. 20 Md. 388; 26 Md. 1, 95; 28 Md. 115, 118, 408; 30 Md 447; 33 531; 37 Md. 567; Md. 479; 5 G. & 197; 9 Gill. 432. Id. s. 301. 1798, c. 101, sub-c. 1, s. 4. Wills of lands to be in writing, 4. All devises and bequests of any lands or tenements devisable by law, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express Md. 349: 26 Ma. directions, and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses, or else they 38 Md. 317, 417. shall be utterly void and of none effect. 14 Md. 529: 19 1: 28 Md. 115, 465; 30 Md. 284; How attested. Id. s. 302. 1798, c. 101, sub-c. 1, s. 4. 14 Md. 582; 20 Md. 359. 5. No devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other How revocable. will or codicil in writing, or other writing declaring the same, or burning, cancelling, tearing, or obliterating the same by the testator himself, or in his presence and by his directions and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn, or obliterated by the testator or his directions in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same. Id. s. 303. 1810, c. 34, s. 3. Wills of per 6. No will in writing concerning any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise, or behow revocable. quest therein be altered or changed by word of mouth only, except sonal estate, 26 Md. 95: Id. s. 304. 1810, c. 34, s. 4; 9 Md. 575; 28 the same be in the lifetime of the testator committed to writing, and after the writing thereof read unto the testator and allowed by him, and proved to be so done by three witnesses at the least. 7. No devise, legacy, or bequest shall lapse or fail of taking effect by reason of the death of any devisee or legatee (actually and bequest to lapse, specially named as devisee or legatee, or who is or shall be menMd. 338 33 Md. tioned, described, or in any manner referred to, or designated or 442: 35 Md. 519; identified as devisee or legatee in any will, testament, or codicil), in the lifetime of the testator; but every such devise, legacy, or bequest shall have the same effect and operation in law to transfer the right, estate, and interest in the property mentioned in such devise or bequest, as if such devisee or legatee had survived the testator. 40 Md. 171; 43 Md. 122. Id. s. 305. estate. 10 Md. 186; 30 Md. 447: 35 Md. 519; 43 Md. 122; 47 Md. 347. 1862, c. 161. Words importing want or failure of issue construed. 32 Md. 101; 33 8. In every will whereby any lands or real property shall be devised to any person, and no words of perpetuity or limitation are used in such devise, the devisee shall take under and by virtue of Such devise, the entire and absolute estate and interest of the testator in such lands or real property, unless it shall appear, by devise over or by words of limitation or otherwise, that the testator intended to devise a less estate and interest. 9. In any devise or bequest of real or personal estate, the words "die without issue," or "die without leaving issue," or "have no issue," or any other words which may import either a want, or a Md. 569: 36 Ma. failure of issue, of any person in his lifetime, or at the time of his 630 38 Md. 428; death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime, or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will. 41 Md. 488; 47 Md. 347. |