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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2144   View pdf image (33K)
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2144 TESTAMENTARY LAW. [ART. 93

register of wills for the several counties, and a copy thereof shall also
be filed with the report of sales of such lands and tenements.
See notes to sec. 317.

1904, art. 93, sec. 313. 1S98, ch. 331, sec. 300 A.

317. The provisions of the preceding sections 301 to 316, both
inclusive, relating to the rights of widows in the estates of their hus-
bands, shall apply to and be enforced in favor of surviving husbands,
so as to give to, vest in and confer upon surviving husbands the same
rights in the estates of their deceased wives, which said sections 301 to
316, both inclusive, give to, vest in and confer upon widows in the
estates of their deceased husbands.

The provisions of this section apply where the wife dies subsequently to
January 1, 1899 (the date the act of 1898, ch. 331, went into effect),
regardless of when the marriage took place. Cases distinguished. What
property the husband is not entitled to a distributive share of. This section
is valid. Safe Deposit Co. v. Gittings, 103 Md. 495.

Under this section and section 302 where a husband renounces, the costs
of caveat proceedings should be borne by the estate passing under the
will, and the husband should not be charged with any part of them. Grabill
v. Plummer, 95 Md. 61.

As to the husband's interest in his deceased wife's personal property, see
sec. 120, et seq.

As to the husband's dower, see art. 45, sec. 7.

Wills.

1906, ch. 59.

318. No devise or bequest hereafter made or heretofore made in
any will or testament which shall hereafter be probated, or any real or
personal property of the value of five thousand dollars or less, in trust
or otherwise, for the purpose of providing for the perpetual care or
keeping in good order and condition, or making repairs to any lot,
vault, mausoleum or other place of sepulture belonging to any individ-
ual or several individuals, in any cemetery or graveyard intended for
the burial of the members of the family, family connections, relatives
or friends of the owner thereof, or of their successors in ownership,
shall be held to be void as offending the rule against perpetuities.

1904, art 93, sec. 314. 1888, art. 93, sec. 307. 1860. art. 93, sec. 298. 1798, ch. 101,
sub-ch. 1, sec. 1. 1884, ch. 293. 1908, ch. 84.

319. All lands, tenements and hereditaments which might pass by
deed, and which would, in case of the proprietor dying intestate, descend
to or devolve on his or her heirs or other representatives, except estates
tail, and all goods, chattels, monies, rights, credits or personal property
of any kind, which might pass by deed, bill of sale, assignment or deliv-
ery, and all rights of entry for condition broken, and all rights and
possibilities of reverter shall be subject to be disposed of, transferred
and passed by his or her last will or codicil, and any testator devising
real or personal property subject to a condition or conditions, may

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 2144   View pdf image (33K)
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