TESTAMENTARY LAW 3421

other posthumous relation shall be considered as entitled to distribution
in his or her own right.

This sections means that children of an intestate born after his death shall take as
if born before, but no other relation born after his death shall be entitled to take as
distributee in his own right. A nephew in esse before intestate's death is entitled to
take in right of his father although born after his father's death, provided father
died before intestate. Shriver v. State, 65 Md. 283.

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.

See notes to art. 101, sec. 80.

An. Code, 1924, sec. 139. 1912, sec. 134. 1904, sec. 133. 1888, sec. 134. 1825, ch. 156.

142. 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, or from the de-
scendants of each other, in like manner as if born in lawful wedlock.

This section referred to in deciding that illegitimate children were not entitled to
workmen's compensation benefits—see notes to art. 101, sec. 80. Scott v. Independent
Ice Co., 135 Md. 348 (decided prior to act 1920, ch. 456).

Cited but not construed in Richardson v. Smith, 80 Md. 96.

See art. 46, secs. 6 and 7, and art. 93, sec. 128, and notes.

An. Code, 1924, sec. 140. 1912, sec. 135. 1904, sec. 134. 1888, sec. 135. 1719, ch. 14.

1729, ch. 24, secs. 17-20. 1798, ch. 101, sub-ch. 11, sec. 15. 1802, ch. 101, sec. 11.

1876, ch. 295. 1939, ch. 376, sec. 140.

143. If there be no widow or relations of the intestate within the fifth
degree, which shall be reckoned by counting down from the common ances-
tor to the more remote, the whole surplus shall belong to the State, and
shall be paid to the board of county commissioners of the county wherein
letters of administration shall be granted upon the estate of the deceased,
for the use of the public schools of said county.

Where corporate stock stands in name of A., agent, and B. in trust, both non-residents,
and there is no proof as to who A.'s principal and B.'s cestui que trustent are, it is
impossible to say to school commissioners of what county or city of Baltimore the
money belongs. This section relates to cases of intestacy only. It becomes operative
only upon assumption that stock in question wag the individual property of deceased.
Neither state nor city held entitled to corporate stock; appeal dismissed. Liquidation
of George's Creek Co., 125 Md. 602.

The degree of kinship between collaterals under this section is ascertained by count-
ing down from the common ancestor to the more remote; hence first cousins or nephews
of the decedent are related to him in second degree. Where money has been paid state
under this section which belongs to relatives, same is impressed with a trust in favor
of such relatives which may be enforced by court of equity, though cestui que trust
could also sue at law. See notes to sec. 144. Dombrovski v. Baltimore, 141 Md. 424.
And see Thomas v. Marriott, 154 Md. 114.

The dying without relations "within the fifth degree" may be proved by circum-
stantial or presumptive evidence and by declarations of intestate. Thomas v. Frederick
County School, 7 G. & J. 369; State v. Greenwell, 4 G. & J. 415.

The act of 1876, ch. 295, held not to affect rights vested by death of intestate prior to
its passage. History of this section. Under this section state takes as trustee just as
any other distributee. Rock Hill College v. Jones, 47 Md. 14; Patapsco Institute v. Rock
Hill College, 51 Md. 476.

This section referred to in connection with sec. 243—see notes thereto. Savings Bank
of Baltimore v. Weeks, 110 Md. 94.

For a case construing this section prior to act of 1876, ch. 295 (now inapplicable by
reason of said act), see Patapsco Institute v. Rock Hill College, 51 Md. 475. And see
Thomas v. Frederick County School, 7 G. & J. 383.

See notes to sec. 138.

An. Code, 1924, sec. 141. 1912, sec. 136. 1904, sec. 135. 1888, sec. 136. 1729, ch. 24, sec. 20.'
1878, ch. 316. 1939, ch. 376, sec. 141.

144. If any legal representative shall appear after payment has been
made under the preceding section, the board of county commissioners