BENJAMIN OGLE, ESQUIRE, GOVERNOR,

1798.

15. On the ward's arrival at age as aforefaid, the guardian fhall exhibit a final account to the
orphans court, and fhall deliver up, agreeably to the court's order, to the faid ward or the
hufband, (as the cafe may require,) all the property of fuch ward in his hands, including bonds
and other fecurities, and on failure his office bond fhall he liable, and he fhall alfo be liable to
attachment and fine as aforefaid.
16. Nothing in this act contained fhall he conftrued to affect the general fuperintending power
exercifed by the court of chancery with refpect to truft.

CHAP.
CI.

1. EVERY devife of land, or any eftate therein, or bequeft of perfonal eftate, to the wife of
the teftator, fhall be conftrued to be intended in bar of her dower in lands, or fhare of the per-
fonal eftate refpectively, unlefs it be otherwife expreffed in the will.

2. A widow fhall be barred of her right of dower in land, or fhare in the perfonal eftate, by
any fuch devife, or bequeft, unlefs within ninety days after the authentication or probat of the
will, fhe fhall deliver, or tranfmit to the court where fuch authentication or probat hath been
made, a written renunciation in the following form, or to the following effect: " I, A. B. widow
" of —— —— , late of —— , deceafed, do hereby renounce and quit all claim to any bequeft or
" devife made to me by the laft will of my hufband, exhibited and proved according to law; and
" I elect or take in lieu thereof, my dower, or legal fhare of the eftate of my faid hufband, A. B".
But by renouncing all claim to a devife or bequeft, or devifes or bequefts of perfonal property,
made to her by the will of her hufband, fhe fhall be entitled to one third part of the perfonal
eftate of her hufband, which fhall remain after payments of his juft debts, and claims againft

him, and no more.
3. If the will of the hufband devife a part of both real and perfonal eftate, fhe fhall renounce
or be otherwife barred of her right to both real and perfonal eftate.
4. If the will devife only a part of the real eftate, or only a part of the perfonal eftate, the
devife fhall bar her of only the real, or perfonal eftate, as the cafe may require; provided never-
thelefs, that if the devife of either real or perfonal eftate, or of both, fhall be exprefsly in lieu
of her legal fhare of one or both, fhe fhall accordingly be barred, unlefs fhe renounce as aforefaid.
5, But if, in effect, nothing fhall pafs by fuch devife, fhe fhall not be thereby barred, whether
fhe fhall or fhall not renounce as aforefaid, it being the intent of this act, and confonant to juf-
tice, that a widow accepting or abiding by a devife, in lieu of her legal right, fhall be confidered
as a purchafer with a fair confideration.
6. If a widow commit wafte in the lands of the deceafed, fhe fhall be liable to an action by the
heir or devifee, or his or her guardian; and if fhe marry a fecond hufband, he fhall be anfwera-
ble for any wafte committed by her before marriage, or by himfelf.
7. A widow's remedy for dower fhall be as heretofore.

CHAP. 13.

Rights of wi-
dows.

1. IF any perfon entitled to adminiftration fhall deliver, or tranfmit to the orphans court, a
declaration, in writing, that he is willing to decline the truft, the court fhall proceed as if fuch
perfon were not entitled.
2. If an executor or adminiftrator fhall die before adminiftration is completed, letters de bonis
non may be granted, at the difcretion of the court, with a copy of the will annexed, (if the cafe
require,) giving preference, however, to the perfon entitled, if he or fhe fhall apply for

the fame; and the form of the letters fhall be as herein before directed, except that the words

" already not adminiftered," be added in their proper place; and the authority conferred by fuch
letters fhall be to adminifter all things herein defcribed as affets, not converted into money, and
not diftributed or delivered, or retained by the former executor or adminiftrator, under the

court's direction.
3. A common warrant for land not executed or located in the life-time of the deceafed, fhall
be affets after his death, in the hands of an executor or adminiftrator, and fubject to diftribution,
as well as every debt due to, or juft claim of, the deceafed; and if a common warrant for land
be executed or located, as aforefaid, it fhall be confidered as the property of the heirs.
4. No perfonal action fhall abate by the death of either party, but executors and adminiftra-
tors fhall notice and conform to the directions of the act of feventeen hundred and eighty-five,
chapter eighty, refpecting their profecution or defence of fuch action.
5. If any thing be bequeathed to an executor, by way of compenfation, no allowance of com-
miffion fhall be made, unlefs the faid compenfation fhall appear to the court to be infufficient,
and if fo, it fhall be reckoned in the commiffion to be allowed by the court.
6. No executor fhall be obliged to exhibit any inventory, or account, provided he will give
bond, inftead of the bond herein before directed, with fuch fecurity, and in fuch penalty, as the
court fhall approve, to the ftate of Maryland to be recorded and fued as before directed, with
condition "for paying all juft debts of, and claims againft the deceafed, and all damages which
fhall be recovered againft him as executor, and alfo all legacies bequeathed by the will," provided
the faid executor be refiduary legatee, or provided the refiduary legatee of full age, fhall notify
his or her confent to the court; and in cafe fuch bonds be given by an executor, he fhall be an-
fwerable for all debts, claims and damages, recovered against him as executor; and if fuit be
brought againft him as executor may, the judgment fhall be for the whole fum found by the jury, or
otherwife afcertained, and execution may iffue, and have effect, as if he were fued in his own
right; and any legatee fhall be entitled to recover the full amount of his legacy, either in a fuit
upon the faid executor's bond, or in a fuit in chancery, as is ufual in cafe of legacies, or in

an action on the cafe, in which the giving of fuch bond fhall be confidered as an affent to the

legacy.

7. No adminiftrator, entitled to the whole refidue after payment of debts of, and claims againft,

the inteftate, fhall be obliged to return an inventory or account, provided he will give bond,

with fuch fecurity, and in fuch penalty, as the court fhall approve, conditioned for paying all

debts, claims and damages, which fhall be recovered against him, as administrator, and in cafe
he fhall give fuch bond, he fhall be anfwerable for all debts, claims and damages aforefaid, and
judgment may be given, and exception may iffue and have effect, as herein directed with refpect
to an executor giving a fimilar bond.

C H A P. 14.

Appendix, con-

rules

d under
their proper

heads.