344 Assembly Proceedings, April 26-June 3, 1715.

C. P.

belonging unto the Commissary Gen^ll before whome all parties
are to appear and Defend their Interest. And whereas many
men have bequeathed and devised or hereafter may bequeath
or Devise to their wives by their Last wills a Considerable
part of their personall Estates Intending no Doubt but not
Expressing that such bequest or devise should be in full of
such wives part portion or third part of the said Testators
Estate and yet such wives Widdows and relicts have not only
Claimed such Devise and bequest as Legacies but have further
Claim'd their part of the remaining Estate of their deced
husbands —

p. 245

Be itt further Enacted by the Authority afd by and with the
Advice and Consent afd that in such Case where the Testator
bequeaths or devises a Considerable part of his personall
Estate to his wife and itt appears not in any part of his will
or Codicill that he Intended the said Devise as a Legacie to
his wife only and that she might Nevertheless have a Third
part of his remaining Estate that itt shall be att the Election
of such wife widdow or relict within forty days after the pro-
batt of such will to make her Election before the Judge for
probatt of wills or the respective deputy Comrys in Each re-
spective County whether she will be Content with such De-
vise or will have her third and release the Devise and if she
make Choice to have what is soe bequeathed or devised to
her then by that Choice she shall be forever barred from
Claiming her third part afd and if she renounce what is soe
bequeathed and devised she shall then have her third part
afd and be barred of her devise but shall not Claime or have
both but in Case such widdow shall Neglect to make such
Election within the time afd she shall then be Concluded by
having a full third part of the Clear personall Estate of her
deced husband besides her dower of his reall Estate in full of
all such devises or Legacys.

p. 246

Provided always that such part of the personall Estate or
Estates be Lyable to pay the debts of the deced as other part
of the Estate is or ought to be and if such wife widdow or
relict have any part of her husbands Lands or reall Estate of
Inheritance devised to her by her husband And that itt doe
not appear by any part of the will that he Intended her such
a part of his reall Estate Afd and her dower out of the rest of
his reall Estate besides then itt shall be Lawfull for such wife
widdow or relict to make her Election as afd within the time
afd whether she will Accept of such devise or of the third part
of all her husbands reall Estate of which she is Endowable
and if she Accept of her devise she shall be forever debarred
of her dower out of the rest of the Testators reall Estate afd