| 1786.
CHAP.
XLV. |
LAWS of MARYLAND.
blood, and their descendants, in equal degree annually, and if no brother
or sister
of the whole blood, or descendant from such brother or sister, then to
the brothers
and sisters of the half blood and their descendants, in equal degree
equally,
and if no brother or sister of the whole or half blood, or any descendant
from such brother or sister, then to the father, and if no father living,
then to
the mother, and if no mother living, then to the grand-father on the part
of the
father, and if no such grand-father living, then to the descendants of
such
grand-father in equal degree equally, and if no such grand-father,
or any descendant
from him, then to the grand-father on the part of the mother, and if
no such grand-father, then to his descendants in equal degree equally,
and so on
without end, alternating the next male paternal ancestor and his descendants,
and
the next male maternal ancestor and his descendants, and giving preference
to
the paternal ancestor and his descendants, and if their be no descendants
or kindred
of the intestate as aforesaid to take the estate, then the same shall go
to
the husband or wife, as the case may be, and if the husband or wife be
dead,
then to his or her kindred in the like course as if such husband or wife
had survived
the intestate, and then had died entitled to the estate by purchase, and
if
the intestate has had more husbands or wives than one, and all shall
die before
such intestate, then the estate shall be equally divided among the kindred
of the
several husbands or wives in equal degree equally. |
No right shall
vest except in
children, &c. |
III. And be
it enacted, That no right in the inheritance shall accrue to or
vest in any person other than to children of the intestate and their
descendants,
unless such person is in being, and capable in law to take as heir at the
time of
the intestate's death, but any child or descendant of the intestate,
born after the
death of the intestate, shall have the same right of inheritance as
if born before
the death of the intestate. |
Who shall be
considered in
same degree
as the father,
&c. |
IV. And be it
enacted, That if in the descending or collateral line any father
or mother may be dead, the child or children of such father or mother shall,
by
representation, be considered in the same degree as the father or mother
would
have been if living, and shall have the same share of the estate as the
father or
mother if living would have been entitled to, and no more; and in such
case,
where there is more children than one, the share aforesaid shall be equally
divided
among such children. |
And elect to
come into partition,
&c. |
V. And be it
enacted, That any child or children of the intestate, or their
issue, having received from the intestate any real estate by way of advancement,
may elect to come into partition with the other parceners, or bringing
such advancement
into hotchpot with the estate descended; but such child or children,
or their issue, shall not be entitled to claim a share by descent,
without bringing
such advancement into the common stock or hotchpot, if there be another
child
or children unprovided for. |
Entails, &c.
not to be affected,
&c. |
VI. And be it
enacted, That nothing herein contained shall be construed or
taken to alter, or in any manner change the course of descent as heretofore
used
and established, so as to affect the case of any entail or limitation entail
whatever,
made, created and in being, before the commencement of this act, but the
same shall, during the continuance of the estate entail or limitation
entail, and
until the same may be legally destroyed or barred, descend according to
the course
of descent heretofore used and established, nor shall any thing herein
be taken or
construed to interfere with or alter any limitation, grant or gift, by
devise, conveyance
or otherwise, to special or particular heirs in a different course of descent
from what is by this act specified, but in such cases the descent shall
be according
to the limitation or form of the gift, devise or grant, until the entail
shall
be legally barred or destroyed; nor shall this act, or any thing therein
contained,
be taken or construed to bar or affect any widow's right of dower. |
Children acknowledged,
legitimated,
&c. |
VII. And be
it enacted, That if any man shall have one or more children by
any woman, whom he shall afterwards marry, such child or children, if acknowledged
by the man, shall in virtue of such marriage and acknowledgment |
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