TESTAMENTARY SYSTEM.
5. If the will of the husband devise a part
of both real and personal estate,
she shall renounce the whole, or be otherwise barred of her right to both
real
and personal estate.
6. If the will devise only a part of the real
estate, or only a part of the personal
property, the devise shall bar her of only the real, or personal estate,
as the
case may require; provided nevertheless, that if the devise or either real
or personal
estate, or of both, shall be expressly in lieu of her legal share of one
or
both, she shall accordingly be barred, unless she renounce as aforesaid.
7. But if, in effect, nothing shall pass by
such devise, she shall not be thereby
barred, whether she shall or shall not renounce as aforesaid, it being
the intent of
this act, and consonant to justice, that a widow accepting, or abiding
by a devise,
in lieu of her legal right, shall be considered as a purchaser with a fair
consideration.
8. If a widow commit waste in the lands of
the deceased, she shall be liable
to an action by the heir or devise, or his or her guardian; and if
she marry a
second husband, he shall be answerable for any waste committed by her before
marriage, or by himself.
9. A widow's remedy for dower shall be as heretofore.
CHAP. XVI.
Appendix, containing rules omitted under their proper heads.
1. IF any person entitled to administration
shall deliver, or transmit to the orphans
court, a declaration, in writing, that he is willing to decline the
trust, the court shall proceed as if such person were not entitled.
2. If an executor or administrator shall die
before administration is completed,
letters de bonis non may be granted, at the discretion of the court,
with a copy
of the will annexed, (if the case require,) giving preference, however,
to the
person entitled, if he or she shall actually apply for the same; and the
form of
the letters shall be as herein before directed, except that the words "
already not
administered," be added in their proper place; and the authority conferred
by
such letters shall be to administer all things herein described as
assets, not converted
into money, and not distributed, or delivered or retained by the former
executor or administrator, under the court's direction.
3. A common warrant for land not executed or
located in the life-time of the
deceased, shall be assets after his death, in the hands of an executor
or administrator,
and subject to distribution, as well as every debt due to, or just claim
of, the deceased; and if a common warrant for land be executed or located
as
aforesaid, it shall be considered as the property of the heirs.
4. No personal action shall abate by the death
of either party, but executors
and administrators shall notice and conform to the directions of the act
of 1785,
ch. 80, respecting their prosecution or defence of such action.
5. If any thing be bequeathed to an executor,
by way of compensation, no
allowance of commission shall be made, unless the said corporation shall
appear
to the court to be insufficient, and if so, it shall be reckoned in the
commission
to be allowed by the court.
6. No executor shall be obliged to exhibit
any inventory, or account, provided
he will give bond, instead of the bond herein before directed, with such
security,
and in such penalty, as the court shall approve, to the state of Maryland,
to be
recorded and sued as before directed, with condition " for paying all
just debts
" of, and claims against, the deceased, and all damages which shall be
recovered
" against him as executor, and also all legacies bequeathed by the will,"
provided
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