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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2982   View pdf image (33K)
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2982 ARTICLE 93.

This section referred to in construing sec. 311—see notes thereto. Collins v.
Carman, 5 Md. 528.
See notes to sec. 326.

An. Code, sec. 305. 1904, see. 301. 1888, sec. 295. 1798, ch. 101, sub-ch. 13, sec. 5.

314. But if in effect nothing shall pass by such devise, she shall not
be thereby barred whether she shall or shall not renounce as aforesaid, it
being the intent of this article, and consonant to justice, that a widow
accepting or abiding by devise, in lieu of her legal right, shall be considered
as a purchaser with a fair consideration.

A widow is only to be regarded as a purchaser to extent of value of share she
would have taken if she had renounced. Chew v. Farmers' Bank, 2 Md. Ch. 231;
Thomas v. Wood, 1 Md: Ch. 300; Hall's Case, 1 Bl. 205.

Since widow is a purchaser under this section, a devise to her, if it does not ex-
ceed what she would be entitled to at common law, will not abate to pay debts in
favor of specific legatees. Mayo v. Bland, 4 Md. Ch. 491.

As widow is a purchaser under this section, in case property devised to her is sold
for payment of testator's debts, the sale should be subject to the widow's rights.
Gibson v. McCormick, 10 G. & J. 113.

In order to entitle widow to dower under this section, there must be clear proof
that nothing passed by the devise. Widow's claim under this section against mort-
gaged premises passed on. Chew v. Farmers' Bank, 9 Gill, 371.

This section does not alter necessity of a renunciation under sec. 311, and fact
that widow is insane is immaterial. Collins v. Carman, 5 Md. 529.

This section applied and the word " purchaser " construed. Coomes v. Clements,
4 H. & J. 483.

This section applied and referred to in construing a will. Daughters v. Lynch,
93 Md. 309. And see Kuykendall v. Devecmon, 78 Md. 542; Gough v. Manning, 26
Md. 366; Durham v. Rhodes, 23 Md. 241; Snively v. Beavaas, 1 Md. 223; Mantz v.
Buchanan, 1 Md. Ch. 205.

Cited but not construed in Power v. Jenkins, 13 Md. 458.

See notes to secs. 311 and 326.

An. Code, sec. 306. 1904, sec. 302. 1888, sec. 296. 1715, ch. 39, sec. 37.

315. If any married woman shall have any estate settled on her by
her husband by jointure or other settlement, before marriage, such jointure
or settlement shall bar her of her dower of such husband's lands, yet it
shall be lawful for her to accept what her husband shall by his last will and
testament devise to her.

This section does not deprive wife of her power to bar her dower by any other
form of ante-nuptial contract. Effect of this section. Naill v. Maurer, 25 Md. 539;
Schnepfe v. Schnepfe, 124 Md. 337.

See notes to sec. 326.

An. Code, sec. 307. 1904, sec. 303. 1888, sec. 297. 1798, ch. 101, sub-ch. 13, sec. 6.

1880, ch. 253.

316. If the widow commit waste in the lands of the deceased she shall
be liable to an action by the heir or devisee, or his guardian.
See notes to sec. 326.

An. Code, sec. 308. 1904, sec. 304. 1888, sec. 298. 1849, ch. 543, sec. 1. 1862, ch. 101.

1884, ch. 107.

317. In all cases where administration shall have been or shall here-
after be granted upon the estate of any married man who has left a widow
and an infant child or infant children surviving him, the said child or
children being also the child or children of the said widow, such widow

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2982   View pdf image (33K)
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