3420 ARTICLE 93

An. Code, 1924, sec. 134. 1912, sec. 129. 1904, sec. 128. 1888, sec. 129. 1798, ch. 101,
sub-ch. 11, sec. 10. 1916, ch. 224, sec. 129.

137. Every brother and sister of the intestate shall be entitled to an
equal share, and a child or children of a deceased brother or sister of the
intestate shall stand in the place of such brother or sister and a grandchild
or grandchildren and every other descendant or other descendants of a
deceased brother or sister of the intestate in existence at the death of the
intestate shall stand in the place of his, her or their deceased ancestor.

Cited but not construed in Hoffman v. Watson, 109 Md. 554 (decided prior to Act
1916, ch. 224).

See notes to sec. 136.

An. Code, 1924, sec. 135. 1912, sec. 130. 1904, sec. 129. 1888, sec. 130. 1798, ch. 101,
sub-ch. 11, sec. 11. 1912, ch. 91.

138. After children, descendants, father, mother, brothers and sisters
of the deceased, the child or children, grandchild or grandchildren of
brothers and sisters of the deceased and their descendants, all collateral
relations in equal degree shall take, and no representation amongst such
collateral shall be allowed, and there shall be no distinction between the
whole and half blood.

Collateral relations are to be ascertained by civil law method of beginning count with
decedent and counting up to common ancestors and down to claimants. Meaning of "in
equal degree." History of law on this subject. Thomas v. Marriptt, 154 Md. 108.

Cited but not construed in Brannan v. Ely, 157 Md. 103.

Grandnephews and nieces have same right in property of granduncle as would have
been possessed by their deceased ancestor. Righter v. Clayton, 173 Md. 142.

Where testator gave residue of estate "to my lawful heirs, being my first cousins,"
the children of a first cousin who predeceased testator are not entitled to inherit, for
phrase "being my first cousins" had no legal effect in determining lawful heirs, there
being no representation among collaterals beyond brothers and sisters. Weaver v.
McGonigall, 170 Md. 212.

Where nephews are living, grand-nephews do not take, nor do children of first cousins
where first cousins are living. The word "descendants" as used in this section construed
in connection with sec. 136. The term "collaterals" defined. Suman v. Harvey, 114
Md. 241; Hoffman v. Watson, 109 Md. 554 (decided prior to Act 1912, ch. 91 and 1916,
ch. 224); McComas v. Amos, 29 Md. 128. And see note (a), Seekamp v. Hammer, 2
H. & G. 11; Duvall v. Harwood, 1 H. & G. 474; Robins v. State, 1 H. & G. 477.

Last clause of this section applied. Seekamp v. Hammer, 2 H. & G. 13.

Last clause of this section held inapplicable because there was no conversion of real
estate into personalty. Keller v. Harper, 64 Md. 82.

See notes to sec. 135.

An. Code, 1924, sec. 136. 1912, sec. 131. 1904, sec. 130. 1888, sec. 131. 1798, ch. 101,
sub-ch. 11, sec. 12. 1924, ch. 409.

139. If there be no collaterals, the grandfathers and grandmothers
or such of them as may be living shall take alike.

An. Code, 1924, sec. 137. 1912, sec. 132. 1904, sec. 131. 1888, sec. 132. 1798, ch. 101,

sub-ch. 11, sec. 13.

140. 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.

This section applied. Schaub v. Griffin, 84 Md. 563.

This section referred to in deciding that a next of kin can only make title to dis-
tributive share through an administrator. Neale v. Hagthrop, 3 Bl. 565.

An. Code, 1924, sec. 138. 1912, sec. 133. 1904, sec. 132. 1888, sec. 133. 1798, ch. 101,

sub-ch. 11, sec. 14.

141. Posthumous children of intestates shall take in the same man-
ner as if they had been born before the decease of the intestate, but no