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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2980   View pdf image (33K)
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2980 ARTICLE 93.

is reported to said court for its ratification, the sale may be ratified by
said court at once without the publication of an order nisi; provided, all
parties in interest are sui juris and their consent is given to such immedi-
ate ratification.

Widows.

An. Code, sec. 301. 1904, sec. 297. 1888, sec. 291. 1798, ch. 101, sub-ch. 13, sec. 1.

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

This section does not justify the contention that every devise or bequest to the
wife where testator does not state that it is not in lieu of her dower or share of
his personal estate is upon condition that she survive the testator, and hence sec.
335 does not apply. Purpose of this section. See notes to sec. 335. Redwood v.
Howison, 129 Md. 587.

A widow held to have been devised and bequeathed property within the mean-
ing of this section. Collins v. Carman, 5 Md. 524.

This section applied and referred to in construing a will. Daughters v. Lynch, 93
Md. 309. And see Gough v. Manning, 26 Md. 366; Durham v. Rhodes, 23 Md. 241.

As to wife's interest in deceased husband's personal estate, see sec. 125, et seq.

See notes to secs. 311 and 326.

As to dower, see art. 45, secs. 6 and 7.

An. Code, sec. 302. 1904, sec. 298. 1888, sec. 292. 1798, ch. 101, sub-ch. 13, sec. 2.
1831, ch. 315, sec. 2. 1922, ch. 348. 1924, ch. 223.

311. A surviving husband or widow shall be barred of his or her right
of dower in land or sbare in land or share in the personal estate by any
such devise or bequest, unless within six months after the first grant of
letters testamentary upon the wife's or husband's will, as the case may be,
he or she shall deliver or transmit to the Court or Register of Wills where
administration has been granted a written renunciation in substantially
the following form or to the following effect:

" I, A. B., widow or widower, as the case may be, of................

...... late of...................... deceased, do hereby renounce and

quit all claim to any bequest or devise made to me by the last will and
testament of my wife or husband, exhibited and proved according to law;
and I elect to take in lieu thereof my dower in lands and my legal share of
the personal estate of my said wife or husband, or my legal share of both
the real and personal estate of my said wife or husband." If the election
be of dower in lands and the legal share of the personal estate, the said
surviving husband or widow shall take dower in lands and one-third of
the surplus personal estate (if the deceased spouse shall be survived by
descendants), and dower in lands and one-half of the surplus personal
estate (if the deceased spouse shall not be survived by descendants) and
no more. If the election be of the legal share of both real and personal
estate, the surviving husband or wife shall take one-third of the lands,
as an heir, and one-third of the surplus personal estate (if the deceased
spouse shall be survived by descendants) and one-half of the lands, as an

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2980   View pdf image (33K)
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