3488 ARTICLE 93

An. Code, 1924, sec. 326. 1912, sec. 317. 1904, sec. 313. 1898, ch. 331, sec. 306A.

330. The provisions of the preceding sections 313 to 329, both inclusive,
relating to the rights of widows in the estates of their husbands, shall apply
to and be enforced in favor of surviving husbands, so as to give to, vest in
and confer upon surviving husbands the same rights in the estates of their
deceased wives, which said sections 313 to 329, both inclusive, give to,
vest in and confer upon widows in the estates of their deceased husbands.

Fact that husband joined with wife in conveyance to third person of property owned
by them as tenants by entireties, so that such person might reconvey to wife, did not
involve surrender of his marital right in such property on her death. Affirmative act
on part of husband is necessary to release statutory right in deceased wife's estate.
Fraud. Jaworski v. Wisniewski, 149 Md. 115.

Undoubtedly the better form in which to present an issue upon execution of a will
is to adopt as nearly as possible language of statute or else by the insertion of names
to make issue as framed a concrete one of fact only. A departure from this rule in-
volves the danger of tendering an issue at law only, in which event- it becomes duty
of trial court to refuse to submit such issue to jury. When an issue is one of law and
when one of fact, and when a mixed question of law and fact. McSherry v. Winsatt,
116 Md. 653; Bowers v. Cook, 132 Md. 439.

The wife cannot by will or otherwise deprive her husband of his one-third share pro-
vided for by this section. A husband held not to have waived or renounced his claim
under this section; hence his executor was entitled to recover same. Barroll v. Brice,
115 Md. 502.

This section referred to in holding that there was nothing to show that a conveyance
of personal property executed in lifetime of wife was in fraud of legal rights of her
husband who survived her. A person has right in her lifetime to dispose of her per-
sonal property as she sees fit. Brown v. Fidelity Trust Co., 126 Md. 184.

The provisions of this section apply where wife dies subsequently to January 1, 1899
(date act of 1898, ch. 331, went into effect), regardless of when marriage took place.
Cases distinguished. What property husband is not entitled to a distributive share of.
This section is valid. Safe Deposit Co. v. Gittings, 103 Md. 495; Jeavons v. Pittman, 126
Md. 656.

Under this section and sec. 314 where a husband renounces, the costs of caveat pro-
ceedings should be borne by estate passing under will, and husband should not be
charged with any part of them. Grabill v. Plummer, 95 Md. 61.

As to husband's interest in deceased wife's personal property, see sec. 128, et seq.
As to the husband's dower, see art. 45, sec. 7.

Wills.¹

An. Code, 1924, sec. 327. 1912, sec. 318. 1906, ch. 59.

331. No devise or bequest hereafter made or heretofore made in any
will or testament which shall hereafter be probated, or any real or personal
property of the value of five thousand dollars or less, in trust or otherwise,
for the purpose of providing for the perpetual care or keeping in good
order and condition, or making repairs to any lot, vault, mausoleum or
other place of sepulture belonging to any individual or several individuals,
in any cemetery or graveyard intended for the burial of the members of
the family, family connections, relatives or friends of the owner thereof,
or of their successors in ownership, shall be held to be void as offending
the rule against perpetuities.

An. Code, 1924, sec. 328. 1912, sec. 319. 1904, sec. 314. 1888, sec. 307. 1798, ch. 101,
sub-ch. 1, sec. 1. 1884, ch. 293. 1908, ch. 84.

332. All lands, tenements and hereditaments which might pass by deed,
and which would, in case of the proprietor dying intestate, descend to or
devolve on his or her heirs or other representatives, except estates tail,
and all goods, chattels, monies, rights, credits or personal property of any
kind, which might pass by deed, bill of sale, assignment or delivery, and
all rights of entry for condition broken, and all rights and possibilities

¹ As to appointment of guardian by parent by will, see art. 72A, sec. 4.