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The Maryland Code, Public General Laws, 1888
Volume 389, Page 807   View pdf image
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ART. 46.] INHERITANCE. 807

ARTICLE XLVI.

INHERITANCE.

Descents.

1. Lands held in fee simple ; fee sim-
ple conditional or fee tail gen-
eral, how to descend.
2-18 Order of succession of.
19. Lands acquired by purchase, how
to descend.
20-23. Order of succession of
24 How naked trusts to descend.
25. Party to inherit, except children,
to be in being at death of intes-
tate
26. No distinction to be made between
brothers and sisters of the whole
and half blood
27. Child or children to take by repre-
sentation.
28. Entails created before January 1,
1788.
29. Child legitimatized by subsequent
marriage of parents, and ac-
knowledgment by father.
30. Inheritance among illegitimate
children.
31. Hotchpot and advancement.
Division and Election.
32. Commissioners, how appointed,
oath of.
33. Majority of, when qualified, may
act.
34. Notice required to parties inter-
ested.
35. Court to appoint a guardian for
minor not having one.
36. Notice required to non-residents
interested
37. Recital of notice prima facie suffi-
cient.
38. How commissioners to divide lands
susceptible of division

39. How commissioners to divide lands
not susceptible of division.
40. Survey to be made of lands divis-
ible into as many parts as heirs ;
several shares to be allotted to
parties.
41. If lands not thus divisible, to be
divided into as many parts as
practicable , election by parties
successively entitled.
42. After partition, proceedings to be
returned to court for ratification.
Election.
43 Proceedings where estate is indi-
visible.
44. Election by eldest son
45. If he refuses, the next eldest son
to elect, and so on
46. Where a person is entitled to estate
of one heir and cannot agree
with other heirs
47 Absence of party entitled to elec-
tion , notice by publication to.
48. If non compos, person next entitled
shall elect.
49. If eldest male be not of age, eldest
female of age shall elect
50. Election or refusal may be in
writing.
51 Person electing to take shall give
bond to other persons.

Sales by Commissioners.

52. If all parties refuse to elect, lands
shall be sold by commissioners.
53. Where all parties are minors, es-
tate not to be sold until eldest
arrives at age.
54. Bonds for the purchase money
payable to each representative



 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 807   View pdf image
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