INHERITANCE 1997

For a reference to sec. 26 of this article as it stood prior to the act of 1916, ch. 325,
see Scott v. Independent Ice Co., 135 Md. 350.

Cited but not construed in Billingslea v. Baldwin, 23 Md. 108; Phelps v. Stewart,
17 Md. 239; Tongue v. Nutwell, 13 Md. 424; Kilgour v. Ashcom, 5 H. & J. 82.

As to the distribution of personalty, see art. 93, sec. 127, et seq.

As to conversion of fee tail estates into fee simple estates, see also art. 21, sec. 26.

See notes to sec. 3, and to art. 93, sec. 314.

An. Code, 1924, sec. 2. 1912, sec. 2. 1916, ch. 325, sec. 2. 1918, ch. 273, sec. 2.

2. If said intestate leave a widow or surviving husband, such widow
or surviving husband shall take, as an heir, the same share or proportion
of said lands, tenements or hereditaments as a widow or surviving husband
takes as distributee in the personal property of her or his deceased spouse
under such laws relating to personal property, and said widow or surviving
husband shall hold said lands, tenements and hereditaments with the
other heirs of said deceased as tenants in common, and should said lands,
tenements or hereditaments be sold under a decree of any Court having
jurisdiction over same in any proceedings, then it shall be unnecessary
to secure the consent of said widow or surviving husband to said sale
unless said widow or surviving husband shall elect to take the estate
known as the dower of the widow and the dower of a surviving husband
as provided for in Section 4 of this Article.

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

Cited in Safe Deposit & Trust Co., 3 F. Supp. 151.

Cited but not construed in Scher v. Becker, 163 Md. 203.

Cited but not construed in Hoffman v. Watson, 109 Md. 552; Posey v. Budd, 21
Md. 487; Newton v. Griffith, 1 H. & G. 112; Dallam v. Dallam, 7 H. & J. 241.

As to illegitimate children, see secs. 6 and 7.

An. Code, 1924, sec. 3. 1912, sec. 3. 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 husband 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 provisions 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.

Under this and the following sections and under art. 93, sec. 314, a widow has six
months from the grant of administration within which to renounce and to elect; a
widow is held not to be estopped from so renouncing and electing by an agreement
signed by her shortly after husband's death. No occasion to send issues to court of
law. Wilson v. Jarrell, 137 Md. 561.

Where a widow does not elect to take her dower under sec. 4, she is entitled under
this section to one-third of her husband's real estate. Contract to release dower. Where
no part of husband's real estate is devised to wife, her legal rights therein are not
affected by his will. Pearre v. Grossnickle, 139 Md. 9.

Cited but not construed in Elwood v. Lannon, 27 Md. 208; Posey v. Budd, 21 Md.
487; Bishop v. Safe Deposit and Trust Co., 170 Md. 627; Marriott v. Marriott, 175
Md. 576.

Cited in Safe Deposit & Trust Co., 3 F. Supp. 151.

See notes to secs. 1 and 2.