3486 ARTICLE 93

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
shall be entitled to an allowance of the personal estate remaining after the
payment of funeral expenses, for her own use and that of the said infant,
children, of the sum of one hundred and fifty dollars, to be paid to. her in
money or in articles of household and kitchen furniture at their appraised
value, as she may elect.

Change made in this section by act of 1884, ch. 107. The widow's right to her allow-
ance becomes vested upon death of her husband and is not dependent upon a demand
or claim by her or her election as to how it shall be paid. The election should, however,
be made within a reasonable time; upon her failure so to do she should be paid her
allowance in money. Upon widow's death before payment, the right to receive her
allowance devolves upon her personal representative. See notes to sec. 322. Pyle v.
Brown, 123 Md. 16.

A widow held to have made a selection under this section in due time. Since act of
1884, ch. 107, the selection is limited to money or furniture; contra, prior thereto. This
section applies where there is a will as well as to cases of intestacy. Crow v. Hubard,
62 Md. 563.

This section referred to in construing sec. 322—see notes thereto. Beachley v. Estate
of Bollinger, 119 Md. 156.

Re. jurisdiction of orphans' court under this section, see notes to sec. 245.

See also notes to sec. 330.

Cited in Marriott v. Marriott, 175 Md. 572.

An. Code, 1924, sec. 318. 1912, sec. 309. 1904, sec. 305. 1888, sec. 299. 1849, ch. 543, sec. 2.

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

322. If the decedent leave a widow and no infant child or children
surviving him, the widow shall be in like manner entitled to an allowance
of seventy-five dollars in money or its equivalent in household and kitchen
furniture, as provided for in the foregoing section.

It is mandatory upon orphans' court, under this section, to make the allowance to
widow. When the allowance is made under this section, it will be assumed that deceased
left no infant children, in absence of anything to contrary in record. Beachley v. Estate
of Bollinger, 119 Md. 156; Pyle v. Bowie, 123 Md. 15.

Widow held to be entitled to allowance prescribed by this section, although her pe-
tition therefor was not filed until March, 1914, and her husband died in July, 1910.
See notes to sec. 314. Malkus v. Richardson, 124 Md. 228.

Cited but not construed in Knapp v. Knapp, 149 Md. 266 (involving validity of
marriage); Marriott v. Marriott, 175 Md. 572.

Cited but not construed in Linthicum v. Polk, 93 Md. 91.

See notes to secs. 321 and 330.

An. Code, 1924, sec. 319. 1912, sec. 310. 1904, sec. 306. 1888, sec. 300. 1849, ch. 543, sec. 3.

323. The administrator of the decedent shall make return in writing
of the articles, and the amount so taken by the widow, together with her
receipt for the same, to the orphans' court granting administration; upon
which return so being made, the court shall allow him a credit for the same
upon his administration account.
See notes to sec. 330.

An. Code, 1924, sec. 320. 1912, sec. 311. 1904, sec. 307. 1888, sec. 301. 1830, ch. 99, sec. 1.

324. The orphans' courts may adjudge, determine and apportion, in
their discretion, what part of the expenses shall be borne or paid by the
widow which may accrue in making the necessary repairs or improvements
on the real estate in which, at the time such repairs are so made and done,
she may be entitled to a right of dower.
See notes to sec. 330.

An. Code, 1924, sec. 321. 1912, sec. 312. 1904, sec. 308. 1888, sec. 302. 1830, ch. 99, sec. 2.

325. Whenever expenses are or shall be incurred in effecting repairs
or improvements on any real estate in which a widow shall hold a right