TESTAMENTARY LAW 3487

of dower, an account shall be rendered to the orphans' court of the county
by the party having said repairs so done, setting forth in what way or
manner such expenses have accrued, showing the amount of expenditures
in repairs as aforesaid; and on such account being rendered to the orphans'
court, it shall be their duty to order such portion of said expenses to be
paid by the widow or person having control over said right of dower to
the person claiming, and in all cases shall the right of dower be answerable
for the payment of such apportionment of expenses; but nothing contained
in this and the preceding section shall be construed to authorize the said
orphans' court to apportion the expenses of repairs in any case whatever,
except where minors are concerned.
See notes to sec. 330.

An. Code, 1924, sec. 322. 1912, sec. 313. 1904, sec. 309. 1888, sec. 303. 1830, ch. 99, sec. 3.

326. In all cases provided for in the two preceding sections the orphans'
courts shall have power to allow or reject all claims for apportionment of
expenses in making repairs or improvements as they may deem proper,
having at all times a due regard to all the circumstances of the case before
them; and no allowance or apportionment of expenses under the two
preceding sections shall be made unless the said repairs or improvements
shall have been first authorized and directed by the orphans' court of the
county where the same may arise or accrue.

An. Code, 1924, sec. 323. 1912, sec. 314. 1904, sec. 310. 1888, sec. 304. 1830, ch. 99, sec. 4.

327. If any person, or the guardian of any person, shall conceive
himself aggrieved by the decision of any orphans' court, under the pro-
visions of the three preceding sections, he may appeal to the circuit court
for the county, or superior court of Baltimore City, and a transcript of
the proceedings shall be sent to the said court, who shall hear and examine
the same, and give such judgment in the matter as may be according to
equity.

See secs. 254, 266 and 330 and notes.

Cf. art. 5, sec. 64, et seq.

An. Code, 1924, sec. 324. 1912, sec. 315. 1904, sec. 311. 1888, sec. 305. 1882, ch. 481.

328. In all cases where lands and tenements in this State are to be
sold under a power of sale in last wills and testaments, and the widow
of the testator who is entitled to dower in such lands and tenements will
consent in writing to the sale of the entire real estate, the orphans' court
of Baltimore City and the orphans' courts of the several counties of this
State shall order the same to be sold free from any claim of dower, and
allow the widow such portion of the net proceeds of sale as may be just
and equitable, not exceeding one-seventh nor less than one-tenth, according
to the age, health and condition of such widow; and such amount shall
bar all claim of dower by said widow in such lands.
See notes to sec. 330.

An. Code, 1924, sec. 325. 1912, sec. 316. 1904, sec. 312. 1888, sec. 306. 1882, ch. 481.

329. Such consent in writing shall be filed and recorded in the office
of the register of wills for Baltimore City, and the officer of the register of
wills for the several counties, and a copy thereof shall also be filed with the
report of sales of such lands and tenements.
See notes to sec. 330.