684 LAWS OF MARYLAND. [CH. 325

the real property of decedents more nearly to the law relat-
ing to personal property.

Be it enacted by the General Assembly of Maryland, That
Sections 1 to 23 (inclusive), 25, 26, 27, 28 and 31 of Article
46 of the Code of Public General Laws of Maryland, title "In-
heritance, " in Bagby's Annotated Code of said Laws, be and
they are hereby repealed; and that the following sections of
Article 46, to be known as Sections 1, 2, 3 and 4 of said Ar-
ticle, be and they are hereby enacted in lieu thereof, said new
sections to read as follows:

Section 1. If any person seized of an estate in lands, tene-
ments or hereditaments, lying in this State, in fee simple, fee
simple conditional, or in fee tail, general or special, shall die
intestate thereof, said lands, tenements or hereditaments shall
descend in fee simple to those persons who, according to the
laws of this State now or hereafter in force relating to the dis-
tribution of the personal property of intestates, would be the
distributees to take the surplus personal property of such in-
testate, if he had died, possessed of such, and a resident of this
State; and such heirs shall take in the same proportions as are
or shall be fixed by such laws relating to personal property.

Section 2. If said intestate leave a widow or a surviving
husband, such widow or surviving husband shall take, as an
heir, the same share or proportion of such lands, tenements or
hereditaments as a widow or surviving husband takes as a dis-
tributee in the personal property of her or his deceased spouse
under such laws relating to personal property.

Section 3. A surviving husband or widow shall take, as
heir, the same share or proportion in any lands, tenements or
hereditaments within this State belonging to the deceased spouse
at the time of his or her death, though such deceased spouse
die testate, which such surviving husband or widow would take
in the personal property of a resident spouse so dying testate;
but such share shall be subject to be barred by provisions in his
or her favor by such will to the same extent and in the same
manner as is provided by law with respect to barring dower by
the acceptance of such testamentary provisions, and election
not to accept said provisions shall be made in the same man-
ner and within the same time as is so provided.

But nothing in this section shall be taken as giving a hus-
band or wife any right of conveying, by deed inter vivos, his