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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 682   View pdf image (33K)
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682 TESTAMENTARY LAW. [ART. 93. WIDOWS.

284. Every devise of land, or any estate therein, or bequest of
personal estate, to the wife of the testator, shall be construed
to be intended in bar of her dower in lands or share of the per-
sonal estate respectively, unless it be otherwise expressed in the
will.

285. A widow shall be barred of her right of dower in land or
share in the personal estate, by any such devise or bequest, unless
within six months after the first grant of administration upon
her husband's estate, she shall deliver or transmit to the court,
or Register of Wills where administration has been granted, a
written renunciation in the following form, or to the following
effect: I, A. B., widow of ————, late of ————, deceased, do
hereby renounce and quit all claim to any bequest or devise made
to me by the last will of my husband, exhibited and proved ac-
cording to law; and I elect to take in lieu thereof, my dower or
legal share of the estate of my said husband. But by renouncing
all claim to a devise or bequest, or devises or bequests of personal
property made to her by the will of her husband, she shall be
entitled to one-third part of the personal estate of her husband
which shall remain after payment of his just debts and claims
against him, and no more.

286. 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.

287. If the will devise only a part of the real estate, or only
a part of the personal estate, the devise shall bar her of only the
real or personal estate, as the case may require; Provided, never-
theless, that if the devise of 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 afore-
said.

288. But if in effect nothing shall pass by such devise, she
shall not bo thereby barred, whether she shall or shall not re-
nounce as aforesaid, it being the intent of this article and con-
sonant 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.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 682   View pdf image (33K)
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