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The Maryland Code Public General Laws, 1904
Volume 393, Page 2053   View pdf image (33K)
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ART. 93] WIDOWS. 2053

1888, art. 93, sec. 293. 1860, art. 93, sec. 286. 1798, ch. 101, sub-ch. 13, sec. 3.

299. If the will of the husband devise a part of both real
and personal estate she shall renounce the whole, or be other-
wise barred of her right to both real and personal estate.

Callis v. Tolson, 6 G. & J. 80. Jones v. Sothoron, 10 G. & J. 192. Hutch-
inson v. Hope, 12 G. & J. 256. Darrington v. Rogers, 1 Gill, 403. Mayo v.
Bland, 4 Md. Ch. 484. Collins v. Carman, 5 Md. 534. Hanson v. Worthing-
ton, 12 Md. 438. Gough v. Manning, 26 Md. 347. Hokamp v. Hagaman,
36 Md. 511. Pindell v. Pindell, 40 Md. 537. Kuykendall v Devecmon, 78
Md. 542. King v. Zimmerman, 94 Md. 16. Grabill v. Plummer, 95 Md. 61.

Ibid. sec. 294. 1860, art. 93, sec. 287. 1798, ch 101, sub-ch. 13, sec 4.

300. 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 per-
sonal estate, or of both, shall be expressly in lieu of her legal
share of one or both, she shall accordingly be barred unless
she renounce as aforesaid.

Ibid.

Ibid, sec 295. 1860, art. 93, sec. 288. 1798, ch. 101, sub-ch. 13, sec. 5.

301. 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 pur-
chaser with a fair consideration.

Gibson v. McCormick, 10 G. & J. 67. Chew v. Farmer's Bank, 9 Gill, 371.
Hall's Case, 1 Bl. 203. Mantz v. Buchanan, 1 Md. Ch. 202. Thomas v.
Wood, 1 Md. Ch. 296. Levering v. Heighe's Admr., 2 Md. Ch 81. Chew v.
Farmers' Bank, 2 Md. Ch. 231. Levering v. Heighe's Admr., 3 Md Ch 365
Snively v. Beavans, 1 Md. 223. Collins v. Carman, 5 Md 503. Dugan v.
Hollins, 11 Md 78. Power v. Jenkins, 13 Md. 443.

Ibid. sec. 296. 1860, art. 93, sec. 289. 1715, ch. 39, sec. 37.

302. 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.

Naill v. Maurer, 25 Md. 532. Chilton v Brooks, 71 Md. 451.


 

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The Maryland Code Public General Laws, 1904
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