246 Assembly Proceedings, Sept. 5-Oct. 3, 1 704.

Lib. L. L.
No. 64.

whether she will be content with such devise or will have
her thirds and release the Devise and if she make Choice to
have what is so bequeathed or devised to her then by that
Choice she shall be for ever barred from claiming her third
part aforesaid And if she renounce what is so bequeathed and
devised she shall then have her third part aforesaid and be
barred of her devise but shall not claime or have both.
Provided allways that such part of the personall Estate or
Estates be lyable to pay the Debts of the deceased as other
part of the Estate is or ought to be
And if such wife widow or relict have any part of her Hus-
bands land or reall Estate of Inheritance devised to her by her
husband and that it do not appear by any part of the will that
he intended her such part of his reall Estate aforesaid and a
Dower out of the rest of his reall Estate besides Then it shall
be lawfull for such wife widow or relict to make her election

p. 32

as aforesaid within the time aforesaid whether she will accept
of such devise or of the third part of all her husbands reall
Estate of which she is indowable and if she accept of her de-
vise she shall be forever debarr'd of her Dower out of the
rest of the Testators reall Estate aforesaid And if she accept
of her Dower then such acceptance shall be adjudged a full
recompence of her devise aforesaid and Land so devised as
aforesaid to such wife widow or relict shall be allways intended
to be but for life Except it be expresly devised forever or to
such woman and her heires or to such woman and her Assigns.
And be it further Enacted by the Authority Advice and
Consent aforesaid that every woman who since the twenty
seventh day of June One thousand six hundred ninety
nine having had any part of her husbands personall Estate
given or devised to her by her husband in his last will and
testament or Codicill and having no part of her said husbands
land or reall Estate devised to her shall by such bequest and
devise of any part of the personall Estate except so mencond
in such Will or Codicill aforesaid be debarr'd of her Dower
of his land but that if no Dower be assign'd her she may not-
withstanding the said Act now demand or sue for her Dower
and the mean profitts thereof if she have been defac'd con-
trary to the tenour of this Act.
Provided allways that if any married woman shall have any
Estate settled upon her by Joynture or other settlement be-
fore Marriage such Joynture or Settlement shall barr her of
her Dower of her husbands lands yet it shall be lawfull for
her to accept what her husband shall by his last will and Tes-
tament devise her
And whereas many Orphans have greatly Suffered by the
Second marriages of such widows who having Estates in