416 DISTRIBUTION OP PERSONAL PROPERTY. [ART. 48.
ARTICLE XLVIII.
DISTRIBUTION OF PERSONAL PROPERTY.
1 Distribution of surplus, when to be made
2 Who entitled to, and in what order and
shares, where there is a widow
3 Same
4 Same
5 How surplus exclusive of widow's share,
etc
6 Samp
7 Representation, advancement
8 When the father takes the whole.
9 When brother etc
10 Share of brother or Sister
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11 Share of the mother
12 Collaterals
13 No collaterals
. 14 Persons dying before, representatives to
take
15 What posthumous children to take
16 What illegitimate children to take
17 When surplus to go to the State, to whom
to be paid
18. When and by whom refunded
19 How specific property distributed
20 Distribution of specific articles
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Art 91, s 120.
1798, c 101,
sub-c 11
Distribution of
surplus, when
to be made
21 Md 11, 136,
34 Md 73, 35
Md 161, 36 Md
447, 439, 511
Id s 121
1798, c 101,
sub-c 11, s 1
Who entitled to,
and in what or-
der and shares.
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1. When all the debts of an intestate exhibited and proved, or
notified, and not barred, shall have been discharged or settled, or al-
lowed to be retained as directed in article L of this Code, the admin-
istrator shall proceed to make distribution of the surplus as follows:
2. If the intestate leave a widow, and no child, parent, grand-
child, brother, or sister, or the child of a brother or sister of the said
intestate, the said widow shall be entitled to the whole.
Where there is a widow.
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Id a 122
1798, c 101,
sub-c 11, s 2
Same 38 Md 183.
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3. If there be a widow, and a child or children, or a descendant
or descendants from a child, the widow shall have one-third only.
Where there is a widow.
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Id s 123
1798, c 101,
sub-c 11, s 3.
Same
Where there is
a widow.
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4. If there be a widow, and no child, or descendants of the intes-
tate, but the said intestate shall leave a father or mother, or brother
or sister, or child of a brother or sister, the widow shall have one-
half.
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Id s 124
1798, c 101,
sub-c 11, s 4.
Same
Exclusive of
Id s 125
1798, c 101,
sub-c 11, s 5.
Same
Id s 126
1798, c 101,
sub-c 11, s 6
Representation
19 Md 81, 332,
27 Md 693, 45
Md 246, 11 G &
J 185, 9 Gill 81,
8 Gill 46
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5. The surplus, exclusive of the widow's share, or the whole
surplus (if there be no widow), shall go as follows:
widow's share, or the whole surplus
6. If there be children, and no other descendants, the surplus
shall be divided equally amongst them.
7. If there be a child or children, and a child or children of a
deceased child, the child or children of such deceased child shall
take such share as his, her, or their deceased parent would (if alive)
be entitled to; and every other descendant or other descendants in
existence at the death of the intestate, shall stand in the place of
his or their deceased ancestor; provided, that if any child or de-
scendant shall have been advanced by the intestate by settlement
or portion, the same shall be reckoned in the surplus; and, if it be
equal or superior to a share, such child or descendant shall be ex-
cluded, but the widow shall have no advantage by bringing such
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Advancement.
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advancement into reckoning; and maintenance or education, or
money given without a view to a portion or settlement in life, shall
not be deemed advancement; and in all cases, those in equal degree
claiming in the place of an ancestor, shall take equal shares.
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