ART. 48. ] DISTRIBUTION OF PERSONAL PROPERTY.

417

8. If there be a father, and no child or descendant, the father

shall have the whole.
When the father takes the whole

Id s 127
1798, c 101,
sub-c 11, s 7

, 9. If there be a brother or sister, or child or descendant of a
brother or sister, and no child, descendant, or father of the intes-
tate, the said brother, sister, or child or descendant of a brother or
sister, shall have the whole.

Id n 128
1798, c 101,
sub-c 11, s 8
When brother,
etc
29 Md 120

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.
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.

Id s 129
1798, c 101,

sub-c 11, 8 9.

Share of brother
or sister
29 Md 120
Id s 130.
1798, c 101,
sub-c 11, 3 10.
The mother's
share

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 col-
laterals shall be allowed; and there shall be no distinction between
the whole and half blood.

Id s 181.
1798, c 101,
sub-c 11, s 11.
Collaterals
29 Md 120;
2 H & G 9.

13. If there be no collaterals, a grandfather may take, and if
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.

Id s 132
1798, c 101,
sub-c 11 s 12
No collaterals.

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.

Persona dying before, representatives to take.

Id s 133.
1798, c 101,
sub-c 11, s 13

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.

Art 93, s 134.
1798, c 101,
sub-c 11, 8 14
What posthum-
ous children to
take

10. 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 descendants of each other, in like manner as if born in
lawful wedlock.

Id s 135.
1825, c 156
What illegiti-
mate children
to take
43 Md 616.

17. If there be no widow or relations of the intestate within the
fifth degree, which shall be reckoned by counting down from the
common ancestor to the more remote, the whole surplus shall belong
to the State, and shall be paid to the board of county school com-
missioners 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.

1876, c 295
When surplus
to go to the
State.
47 Md 14, 4 G
& J 407, 7 G. &
J 369
To whom to be
paid.

18. If any legal representative shall appear after payment has
been made under the preceding section, the board of county school
commissioners receiving such payment shall pay the same to such
representative; but no collateral more remote than brothers' and
sisters' children shall claim under this section.

1729, c 24, s 20.
1878, c 316
When and by
whom refunded.

19. In case the surplus remaining in the administrator's hands,
27

Art 93, s 138
1798, c. 101,