The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-09-04
The Laws of Inheritance.

A correspondent writes to the Baltimore
American to know something about the
laws of inheritance and a well-known law
yer, at the request of that paper, gives the
following information which cannot fail to
prove of general interest:
"If husband dies intestate and leaves
a widow-whether he leaves children or
not-his widow is entitled to an estate for
life in one-third of his real property-i.e.,
to the income derived from one-third of his
real estate during her life. This is called
her "dower." If the estate is sold, as is
frequently the case, the allowance made to
healthy widow in lieu of dover is as fol-
lows: If under forty years of age, not
more than one-seventh; above forty and un-
der forty-fVe, not more than -fifteenths:
above forty-fye and under ffty-one, not
more than one-eigth; above ffty-one and
under fifty-six, not more than one-ninth;
above fifty-six, not less than one-tenth of
the net proceeds of the sale, out Of which
she may be dowable. If he dies irtestate
and leaves widow, but no child or de-
scendants, and a father or mother, or broth
er or sister, or child of a deceased brother
or sister, the widow is entitled to one-half
of his personal property, and the other half
is divided according to the degree of kim
dred, or those who survive him, as follows:
If there be father, he takes the whole.
If no father, but brother or sister, or
child of deceased brother or sister, they
take the whole (the child or children of the
deceased brother or sister standing in the
place of the deceased parent), if there be
no mother of intestate; but if the mother
is living, she is entitled to an equal share
with the brothers or sisters of intestate, or
their descendants. There is some doubt
whether the mother would share equally
with the brothers and sisters, the law being
conflicting, but the better opinion is that
she would share, although the writer is not
familiar with any decision to that effect.
IF there be no father, mother, brother, sis
ter, or descendants, all collateral relations,
in equal degree take, there being no dis
tinction between the whole and the half
blood IF wife dies intestate, leaving
husband but no children or descendants,
her husband is entitled to life estate in
all her real property. If the real estate is
sold, healthy tenant by the courtesy is
entitled to three times as much as would
be allowed to widow of thesam age. If
there are no children, the husband is enti-
tied to the deceased wife's personal proper
ty absolutely. Subject to the aforesaid
estate of husband or wife, as the case may
be, the real property ofthe intestate descends
as follows: If it descended to the intes-
tate on the part of the father, then tohim.
eff the father is not living, then to the
brothers and sisters of the intestate of the
blood of the father and their descendants
equally. There is no distinction between
brothers and sisters of the whole and half
blood, all being descendants of the same
father when the estate descended on the
part of the father. IF none of these are
living, then to the next lineal male pater-
nal ancestor, and so on. If no paternal
ancestor, then to the mother. If no moth
er or descendants of mother, then to the
maternal ancestors and their descendants
in the same manner as above directed as to
| the paternal male ancestors and their de-
scendants. IF the estate descended on the
part of the mother, then to the mother
eff no mother, then to the brothers and
sisters of the intestate Of the blood of the
mother, there being no distinction between
brothers and sisters of the whole and half
blood, all being descendants of the same
mother, when the estate descended on the
part of the mother, and so on, passing to
the next male ancestor on the part of the
mother, as in the manner of paternal an
cestors. If no paternal ancestry, then to
the father or his descendants. If none, to
the paternal ancestors and so on. IF the
estate did not descend to the intestate, but
is vested in him or her by purchase, then
it descends to the brothers and sisters of
the whole blood and their descendants in
equal degree equally. If there be no broth
er or sister of the whole blood or their de-
scendants, then to the brothers and sisters
Of the half blood and their descendants III
equal degree equally. If no brother or
sister of the whole blood or half blood or
any descendant, then to the father. IF No
father, to the mother, and if no mother, to
the grandfather on part Of father, and so
on. If there be no descendants or kindred
as aforesaid, then the estate goes to the
husband or wife, as the case may be abso-
lutely."
He that procures his child good mind
makes a better purchase for him than if he
4 - II. q ! i