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336 INHERITANCE. [ART. XLVI
1916, ch. 325, sec. 3.
3. A surviving husband or widow shall take, as heir, the same
share or proportion in any lands, tenements or hereditaments within
this State belonging to the deceased spouse at the time of his or her
death, though such deceased spouse die testate, which such surviving hus-
band or widow would take in the personal property of a resident spouse
so dying testate; but such share shall be subject to be barred by pro-
visions in his or her favor by such will to the same extent and in the
same manner as is provided by law with respect to barring dower by
the acceptance of such testamentary provisions, and election not to
accept said provisions shall be made in the same manner and within the
same time as is so provided.
But' nothing in this section shall be taken as giving a husband or
wife any right of conveying, by deed inter vivos, his or her real estate
free of any right of dower of any husband or wife therein, without the
joinder of said husband or wife.
1916. ch. 325, sec. 4.
4. The Act of 1916, Chapter 325, shall not be construed as abolish-
ing the estates known as the dower of a widow and the dower of a sur-
viving husband, but any party entitled to such right of dower shall be
presumed to have waived and surrendered the same, and to have accepted
the provisions of the Act, unless within the period of six months after
the death of the spouse by virtue of whose ownership such right of
dower attached, such surviving wife or husband shall file with the
Orphans' Court or Register of Wills for the county or counties where
such real estate is situate, a signed written election to take the dower
to which she or he is so entitled by virtue of such inchoate right; in
which case such surviving wife or husband shall be entitled to dower,
but shall be considered to have renounced any other right in the real
estate in Maryland of the deceased spouse in favor of the other heirs,
to whom the same shall pass.
5-23. Repealed. (Act 1916, ch. 325.)
24.
See notes to article 16, sections 34 and 94.
25-28. Repealed. (Act 1916, ch. 325.)
31. Repealed. (Act 1916, ch. 325.)
Division and Election.
34.
While the interests of the heirs are protected from the consequences of
a substantial departure from the procedure pointed out in this and the
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