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Session Laws, 1939
Volume 581, Page 1049   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1049

certain cases of election of a husband or wife where the
will of the decedent is not accepted by the survivor.

SECTION 1. Be it enacted by the General Assembly of Mary-
land,
That Section 311 of Article 93 of the Annotated Code of
Public General Laws of Maryland (1924 Edition), entitled
"Testamentary Laws", sub-title "Widows", be and the same
is hereby repealed and re-enacted with amendments so as to
read as follows:

311. A surviving husband or widow shall be barred of
his or her right of dower in land or share in land or share in
the personal estate by any such devise or bequest, unless with-
in six months after the first grant of letters testamentary
upon the wife's or husband's will, as the case may be, he or
she shall deliver or transmit to the Court or Register of Wills
where administration has been granted a written renuncia-
tion in substantially the following form or to the following
effect:

I, A. B., widow or widower, as the case may be, of........

.......... late of....................... deceased, do hereby

renounce and quit all claim to any bequest or devise made to
me by the last will and testament of my wife or husband, ex-
hibited and proved according to law; and I elect to take in
lieu thereof my dower in lands and my legal share of the
personal estate of my said wife or husband, or my legal share
of both the real and personal estate of my said wife or hus-
band.

If the election be of dower in lands and the legal share of
the personal estate, the said surviving husband or widow
shall take dower in lands and one-third of the surplus per-
sonal estate (if the deceased spouse shall be survived by
descendants), and dower in lands and one-half of the surplus
personal estate (if the deceased spouse shall not be survived
by descendants), and no more. If the election be of the legal
share of both real and personal estate, the surviving husband
or wife shall take one-third of the lands as an heir and one-
third of the surplus personal estate (if the deceased spouse
shall be survived by descendants); and one-half the lands as
an heir, and one-half the surplus personal estate (if the de-
ceased spouse shall not be survived by descendants, but shall
be survived by a father or mother); and two thousand dollars
or its equivalent in property, or any interest therein, at its ap-
praised value, and one-half of the residue of the lands as an
heir and one-half of the surplus personal estate remaining (if
the deceased spouse shall not be survived by descendants or a
father or a mother, but shall be survived by a brother or sister
or a child or descendant of a brother or sister), and no more.


 

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Session Laws, 1939
Volume 581, Page 1049   View pdf image (33K)
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