3482 ARTICLE 93

An. Code, 1924, sec. 307. 1912, sec. 298. 1904, sec. 294. 1888, sec. 289. 1828, ch. 174, sec. 1.

310. The remaining trustee or trustees appointed by said will, who
shall assent to act, shall be as fully capable and entitled to execute the
trusts under such will, and to make all deeds and do all necessary acts
for that purpose, as if the trustees so relinquishing, disclaiming or refus-
ing to act had died, and the trustee or trustees so assenting to act had sur-
vived him or them.

This and the preceding section applied. Druid Park Heights Co. v. Oettinger, 53
Md. 61.

See notes to sec. 302.

An. Code, 1924, sec. 308. 1912, sec. 299. 1904, sec. 295. 1888, sec. 290. 1828, ch. 174, sec, 1.

311.No such relinquishment, disclaimer or refusal to act by any trus-
tee shall be construed to release or impair his right or claim to any devise,
legacy or bequest derived or bequeathed to him by such will f or his own
use, unless such devise, legacy or bequest shall be expressly declared in
the will to be as a compensation for his services as trustee.

An. Code, 1924, sec. 309. 1912, sec. 300. 1904, sec. 296. 1898, ch. 499, sec. 290A. 1900, ch. 74.

312. Whenever a sale of real or leasehold estate is made under the
authority of the orphans' court, or under power contained in a will, and
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, 1924, sec. 310. 1912, sec. 301. 1904, sec. 297. 1888, sec. 291. 1798, ch. 101,

sub-ch. 13, sec. 1.

313. 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 share of the personal estate, respectively,
unless it be otherwise expressed in the will.

Devise of land for benefit of widow, though directing executor to convert it into cash
and hold in trust with income to widow, is bar to her dower in land under this section
and secs. 314, 316 and 317. Yungerman v. Yungerman, 165 Md. 609.

Cited in Marriott v. Marriott, 175 Md. 574; Safe Deposit & Trust Co., 3 F. Supp. 151.

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. 340 does
not apply. Purpose of this section. See notes to sec. 340. Redwood v. Howison, 129
Md. 587.

A widow held to have been devised and bequeathed property within the meaning
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. 128, et seq. .

See notes to secs. 314 and 330.

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

An. Code, 1924, sec. 311. 1912, 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. 1939, ch. 499.

314. A surviving husband or widow shall be barred of his or her right
of dower in land or share 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,