Volume 379, Page 3419 View pdf image (33K) |
TESTAMENTARY LAW 3419
be deemed advancement; and in all cases those in equal degree claiming
Advancement defined. Where advancement is brought into hotchpot, its value must
The courts construe this section liberally to enforce maxim that "equality is equity."
Where advancement is created by a written instrument, the character and design
To a full defense of an action at law against an administrator by a child to whom
This section applies only to personalty, and to cases of intestacy. Hayden v. Burch,
This section referred to in construing sec. 136—see notes thereto. McComas v. Amos,
An. Code, 1924. sec. 131. 1912, sec. 126. 1904, sec. 125. 1888, sec. 126. 1798, ch. 101,
134. If there be a father and mother and no children or descendants,
Where a testatrix gives her husband a life estate in property, and from and immediately
This section applied. Schaub v. Griffin, 84 Md. 563. And see Chester Hospital v.
An. Code, 1924, sec. 132. 1912, sec. 127. 1904, sec. 126. 1888, sec. 127. 1798, ch. 101,
135. If there be either father or mother living, the other parent hav-
This section applied in Woodworth v. Tepper, 152 Md. 333 (involving unpaid instal-
Grand-nieces take under this section to exclusion of cousins. This section construed
Cited but not construed in Shriver v. State, 65 Md. 281; cited but not construed in
See notes to secs. 136 and 138.
An. Code, 1924, sec. 133. 1912, sec. 128. 1904, sec. 127. 1888, sec. 128. 1798, ch. 101,
136. If there be a brother or sister or a child or descendant of a
Grandnephews and nieces have same rights in property of granduncle as would have
This section is explanatory of sec. 135. Distribution will be made among nephews and
Where a, testator leaves legacies to his two brothers who, however, predecease him,
See notes to secs. 128, 135 and 138. |
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Volume 379, Page 3419 View pdf image (33K) |
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