TESTAMENTARY LAW. 1233

under this section and secs. 311, 312 and 313. Yungerman v. Yungerman, 165
Md. 609.

311.

Cited but not construed in Read v. Md. Genl. Hospital, 157 Md. 570; Mercan-
tile Tr. Co. v. Schloss, 165 Md. 29.

The words "surplus personal estate'' in this section mean the entire balance
of personal estate, principal and income, at the time of distribution, and widow
who had renounced husband's will entitled to her legal share. Gardner v.
Mercantile Tr. Co., 164 Md. 281.

Where widow renounces, there being no children, she is entitled to one-half
of all estate. Levin v. Safe Dep. & Tr. Co.. 167 Md. 43.

Only value of dower in real estate subject to federal estate tax. Tait v. Safe
Deposit & Trust Co., 70 Fed. (2nd), 79.

See notes to sec. 310.

Widows.

1933, ch. 588.

311 A. The renunciation as provided in Section 311, be¹ made by the
guardian of an infant spouse, when authorized so to do by the Court
having jurisdiction of the infant's estate, or may be made on behalf of
an incompetent when authorized by the equity court having jurisdiction
of the person of said incompetent. The time to make such renunciation
may be enlarged before its expiration by an order of the Orphans' Court
where such will was probated for a further period of not exceeding six
months upon any one application, upon a petition showing reasonable
cause and on notice given to such persons and in such manner as the
Orphans' Court may direct.

312.

See notes to sec. 310.

313.

See notes to sec. 310.

316.

Counterclaims against widow held not to bar dower; equities. Rickwood v.
Smith, 146 Md. 191.

318.

Cited but not construed in Knapp v, Knapp, 149 Md. 266 (involving validity
of marriage).

326.

Fact that husband joined with wife in conveyance to third person of property
owned by them as tenants by entireties, so that such person might reconvey to
wife, did not involve surrender of his marital right in such property on her
death. Affirmative act on part of husband is necessary to release statutory
right in deceased wife's estate. Fraud. Jaworski v. Wisniewski, 149 Md. 115.

328.

Cited but not construed in Woodruff r. Linthicum, 158 Md. 608.

¹ The word "may" evidently omitted.