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ART. XCIII] WIDOWS. 707
308.
Change made in this section by the act of 1884, chapter 107. The
widow's right to her allowance becomes vested upon the death of her
husband and is not dependent upon a demand or claim by her or her elec-
tion as to how it shall be paid. The election should, however, be made
within a reasonable time; upon her failure so to do she should be paid
her allowance in money. Upon the widow's death before payment, the
right to receive her allowance devolves upon her personal representatives.
See notes to section 309. Pyle v. Brown, 123 Md. 16.
309.
A widow held to be entitled to the allowance prescribed by this section,
although her petition therefor was not filed until March, 1914, and her
husband died in July, 1910. See notes to section 302. Malkus v. Richard-
son, 124 Md. 228.
To the note to this section on page 892 of volume 3 of the Annotated
Code, add Pyle v. Bowie, 123 Md. 15.
See notes to section 308.
317.
This section referred to in holding that there was nothing to show that
a conveyance of personal property executed in the lifetime of the wife was
in fraud of the legal rights of her husband who survived her. A person
has the right in her lifetime to dispose of her personal property as she
sees fit. Brown v. Fidelity Trust Co., 126 Md. 184.
To the first note to this section on page 2144 of volume 2 of the Anno-
tated Code, add Jeavons v. Pittman, 126 Md. 656.
Wills.
323.
Proof of execution and attestation of a will made in 1874 held suffi-
cient to justify its probate. Requisites of the attestation of a will; effect
of attestation clause; negative statement by one of attesting witnesses.
Woodstock College v. Hankey. 129 Md. 679.
324.
In addition to the modes of revocation enumerated in this section, there
may be an implied revocation resulting from an alteration of the estate of
the testator between the time when the will is executed and when it goes
into effect. Where a testatrix by a deed of trust transfers the legal title
of property, a revocation is thereby worked of the will which she had
previously executed devising such property. A will speaks as of the date
of the testator's death and operates upon his property as then situated
unless a contrary intention plainly appears. King v. McComas, 126 Md.
382.
When a testator, after having disposed of the whole of the estate owned
by him at the time his will was made remarries and has children by his
second wife, his will is revoked by operation of law. The marriage of a
man, however, does not revoke his will, nor does the subsequent death of
Ms wife. Redwood v. Howison, 129 Md. 589.
The only methods of revoking a will in this state are those prescribed by
this section. A will found "in the old back room which was full of differ-
ent papers, letters and a lot of rubbish," upheld. Woodstock College v.
Hankey, 129 Md. 683.
Attempted alterations of a will held to be without legal effect; there was
no republication or re-execution of the will. Pacholder v. Rosenheim 129
Md. 457.
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