TESTAMENTARY LAW 3485

An. Code, 1924, sec. 314. 1912, sec. 305. 1904, sec. 301. 1888, sec. 295. 1798, ch. 101,

sub-ch. 13, sec. 5. 1939, ch. 498.

318. 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.
In such case the widow shall take one-third of the lands as an heir and
one-third of surplus personal estate (if the deceased husband shall be sur-
vived by descendants); and one-half the lands as an heir and one-half the
surplus personal estate (if the deceased husband shall not be survived by
descendants, but shall be survived by father or mother); and two thousand
dollars or its equivalent in property, or any interest therein at its ap-
praised value, and one-half of the residue of the lands as an heir and
one-half of the surplus personal estate remaining (if the deceased hus-
band shall not be survived by descendants or a father or a mother, but
shall be survived by a brother or sister or a child or descendant of a brother
or sister) and no more.

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 exceed
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 mortgaged
premises passed on. Chew v. Farmers' Bank, 9 Gill, 371.

This section does not alter necessity of a renunciation under sec. 314, 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. Beavans, 1 Md. 223; Mantz v. Buchanan,
1 Md. Ch. 205.

Cited in Marriott v. Marriott, 175 Md. 574.

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

See notes to secs. 314 and 330.

An. Code, 1924, sec. 315. 1912, sec. 306. 1904, sec. 302. 1888, sec. 296. 1715, ch. 39, sec. 37.

319. 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. 330.

An. Code, 1924, sec. 316. 1912, sec. 307. 1904, sec. 303. 1888, sec. 297. 1798, ch. 101,

sub-ch. 13, sec. 6. 1880, ch. 253.

320. 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.

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

See notes to sec. 330.

An. Code, 1924, sec. 317. 1912, sec. 308. 1904, sec. 304. 1888, sec. 298. 1849, ch. 543, sec 1

1862, ch. 101. 1884, ch. 107.

321. 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