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Session Laws, 1959
Volume 642, Page 26   View pdf image (33K)
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26                                Laws of Maryland                        [Ch. 20

89. Designation of property equivalent of [two] four thousand
dollars to be taken by spouse under certain sections.

Whenever any surviving spouse shall be entitled to take under the
provisions of either Sections 137, 329 or 333 of this Article, the
equivalent of [$2,000.00] $4,000.00, or any part thereof in real or
leasehold property, the orphans' court shall, by its order, designate
the real or leasehold property or interest therein so to be taken by
said spouse; and any executor, administrator or administrator c.t.a.
of the decedent shall, in such case, execute and deliver to said spouse
a proper deed of such real or leasehold property or interest therein
so designated by the order of the orphans' court. Such deed shall be
good and valid and shall pass all the right, title, claim and interest
of the decedent in the real or leasehold property or interest therein,
as by said deed conveyed.

329. Renunciation of will by husband or widow.

(a)  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 within thirty (30) days after
the expiration of the notice to creditors in the wife's or husband's
estate, 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 renunciation 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 testa-
ment of my wife or husband, exhibited 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 widow or widower be insane at the time of election, the
guardian (committee or trustee) or the court shall have power to
make the election for said widow or widower.

(b)  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 personal 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 deceased
spouse shall not be survived by descendants, but shall be survived
by a father or mother); and [two] four thousand dollars or its
equivalent in property, or any interest therein, at its appraised 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 mother), and no more.

333. Renunciation not required if nothing passes to widow by
devise.

 

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Session Laws, 1959
Volume 642, Page 26   View pdf image (33K)
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