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Revised Code of the Public General Laws, 1879
Volume 388, Page 476   View pdf image (33K)
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476

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

1831, c 315, s 2
To he barred of
dower or share
in personal
estate, unless
she renounces
bequest or
devise
26 Md 274, 366,
27 Md 547, 40
Md 461, 537.

within six months after the first grant of administration upon her
husband's estate, she shall deliver or transmit to the court, or regis-
ter of wills where administration has been granted, a written re-
nunciation in the following form, or to the following effect: " I, A. B.,
widow of ———, late of ———, deceased, do hereby renounce and
quit all claim to any bequest or devise made to me by the last will

Time within
which.

of my husband, exhibited and proved according to law; and I elect
to take in lieu thereof, my dower or legal share of the estate of my

Form of renun-
ciation.

said husband. '' But by renouncing all claim to a devise or bequest,
or devises or bequests of personal property made to her by the will
of her husband, she shall be entitled to one-third part of the per-

Id s 286
1798, c 101,
sub-c 13, s 3
To renounce the
whole where
devise of part of
both real and
personal estate.
23 Md 222,
26 Md 348

Id s 287
1798, c 101,
sub-c 13. s 4.
Effect where
devise only a
part of real
estate, or only a
part of personal
estate
5 Md 534

Id s 288
1793, c 101,
sub-c 13, s 5.
Not barred, if
nothing passes
by devise
13 Md 443

sonal estate of her husband which shall remain after payment of his
just debts and claims against him, and no more.
220, If the will of the husband devise a part of both real and
personal estate, she shall renounce the whole, or be otherwise barred
of her right to both real and personal estate.
230. If the will devise only a part of the real estate, or only a
part of the personal estate, the devise shall bar her of only the real
or personal estate, as the case may require; provided, nevertheless,
that if the devise of either real or personal estate, or of both, shall
be expressly in lieu of her legal share of one or both, she shall ac-
cordingly be barred unless she renounce as aforesaid.
231. 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, it being the intent of this article and consonant to justice,
that a widow accepting or abiding by a devise, in lieu of her legal
right, shall be considered as a purchaser with a fair consideration.

WIDOW'S DISTRIBUTIVE SHARE.

Art 93, s 291
1849, c 543, s 1.
Widow may
choose house-
hold furniture,
etc, at appraise-
ment

232. In all cases where administration shall be granted, and an
inventory and appraisement of the personal estate of the decedent
shall have been returned by the administrator to the Orphans'
Court, the widow of such deceased person shall have the right to
take to herself and apply to her own use and the use of her children,
such household and kitchen furniture, or other personal property, as

Provisos.

she may choose; provided, the same shall not exceed in value, ac-

What sum not
to exceed as
appraised

cdrding to the inventory and appraisement, the sum of one hundred
and fifty dollars; and provided further, that the amount of personal
property so selected to be taken by her, shall be deducted from her
distributive share of said personal estate: this section not to apply
if the decedent left real estate to the value of one thousand dollars.

1862, c. 101
What propor-
tion of solvent
or insolvent
decedents' pro-
perty, childless
Widow to take

233. If the widow have no children and the decedent is solvent,
then the widow shall have the right to take and apply to her own
use such property to the said amount of one hundred and fifty dol-
lars, under the provisions of the last preceding section; but if the
widow have no children and the decedent, is insolvent, then the



 
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Revised Code of the Public General Laws, 1879
Volume 388, Page 476   View pdf image (33K)
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