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ART. XLYI] INHERITANCE. 335
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ARTICLE XLVL
INHERITANCE.
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Descents.
1. Lands held in fee; heirs.
2. Surviving husband or widow —
share of; sale in equity.
3. Share of husband or wife where
spouse dies testate; renuncia-
tion ; spouse must join in deed.
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4. Dower not abolished ; renunciation.
5-23. Repealed.
25-28. Repealed.
31. Repealed.
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Descents.
1916, ch. 325, sec. 1.
1. If any person seized of an estate in lands, tenements or here-
ditaments, lying in this State, in fee simple, fee simple conditional, or
in fee tail, general or special, shall die intestate thereof, said lands,
tenements or hereditaments shall descend in fee simple to those persons
who, according to the laws of this State now or hereafter in force relat-
ing to the distribution of the personal property of intestates, would be
the distributees to take the surplus personal property of such intestate,
if he had died, possessed of such, and a resident of this State; and such
heirs shall take in the same proportions as are or shall be fixed by
such laws relating to personal property.
1916, ch. 325, sec. 2. 1918, 'ch. 273, sec. 2.
2. If said intestate leave a widow or surviving husband, such widow
or surviving husband shall take, as an heir, the same share or propor-
tion of said lands, tenements or hereditaments as a widow or surviving
husband takes as distributee in the personal property of her or his
deceased spouse under such laws relating to personal property, and
said widow or surviving husband shall hold said lands, tenements and
hereditaments: with the other heirs of said deceased as tenants in com-
mon, and should said lands, tenements or hereditaments be sold under a
decree of any Court having jurisdiction over same in any proceedings,
then it shall be unnecessary to secure the consent of said widow or sur-
viving husband to said sale unless said widow or surviving husband
shall elect to take the estate known as the dower of the widow and the
dower of a surviving husband as provided for in Section 4 of this
Article.
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