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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1701   View pdf image (33K)
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HUSBAND AND WIFE. 1701

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1840, ch. 212, sec. 2. 1868, ch. 471, sec. 101.

1898, ch. 457.

10. If the wife shall die before her husband the amount of such insur-
ance may be payable after her death to the children or descendants for
their use, and to their guardian, if under age, and, if there be no children
or descendants of the wife living at the time of her death, to her legal
representatives.

Notwithstanding this section, the policy or by-laws may make other provisions,
in which event this section is not applicable. Pratt v. Hill, 124 Md. 255.

An assignment by husband 'and wife of insurance payable to the wife may be
made notwithstanding this section. Emerick v. Coakley, 35 Md. 190.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1853, ch. 335. 1898, ch. 457.

11. The receipt of any married woman for the payment of money
deposited by her before or after marriage shall be a valid discharge to any
individual or corporation making such payment; provided that nothing
contained in this section shall prevent any creditor of the husband from
attaching the same or restraining the payment by injunction if the deposit
was made in fraud of his creditors.
See art. 39B.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1842, ch. 293, sec. 5. 1856, ch. 154, sec. 94.
1888, ch. 329. 1894, ch. 326. 1898, ch. 457. 1900, ch. 195.

12. Any married woman may, at whatever age she may be, relinquish
her dower in any real estate by the joint deed of herself and husband or by
her separate deed or she may authorize an agent or attorney to relinquish
the same by a power of attorney executed jointly with her husband or by
herself without the joinder of her husband. And in like manner any hus-
band may relinquish his interest in the real estate of his wife by joint or
separate deed, or may authorize an agent or attorney to relinquish the same
by a power of attorney executed jointly with his wife or by himself without
the joinder of his wife.

Under this section and sec. 20, a wife may, by contract or deed, relinquish her
dower so that real estate then belonging to, or afterwards acquired by, her hus-
band, may be conveyed by him alone. Hill v. Boland, 125 Md. 117.

For the powers of a married woman under sec. 12 of art. 45 of the Code of 1888,
see Masterman v. Masterman, 129 Md. 176.

Where land is sold for partition by a proper proceeding in equity, the inchoate
dower of wife of one of the tenants in common will be barred; contra, if bill does
not ask for partition, and there is no proof that land cannot be divided. How the
wife's dower can be released or lost; plea of "bona fide purchaser for value without
notice." A joint note prior to act of 1872, ch. 270, held not to be a release of dower.
. Mitchell v. Farrish, 69 Md. 237.

Prior to act of 1888, ch. 329, a married woman under age could not relinquish
her dower by uniting in a mortgage. Glenn v. Clark, 53 Md. 603.

How wife released her dower at common law, and under Code of 1860. Deed
under latter without acknowledgment, held invalid. Grove v. Todd, 41 Md. 639.

See secs. 6 and 7 and notes to sec. 1.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 2. 1872, ch. 270. 1896, ch. 243
1898, ch. 457, sec. 13.

13. Where any married man or married woman is a lunatic or insane,
and has been so found upon inquisition and the said finding remains in force,
or where any married man or married woman has been absent or unheard

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1701   View pdf image (33K)
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