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Session Laws, 1964
Volume 672, Page 307   View pdf image (33K)
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J. MILLARD TAWES, Governor                      307

surviving [husband or widow] spouse would take in the personal
property of a resident spouse so dying testate; but such share shall
be [subject to be] barred unless a written claim or renunciation and
election be filed as prescribed by Section 329 of Article 93
[by provi-
sions 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 manner and within
the same time as is so provided].

But nothing in this section shall be taken as giving a husband or
wife any right of conveying, by deed inter vivos, his or her real estate
free of any right of dower of any husband or wife therein, without
the joinder of said husband or wife.

4.

[The Act of 1916, Chapter 325] Sections 1 to 3 of this article shall
not be construed as abolishing the estates known as the dower of a
widow and the dower of a surviving husband, but any party entitled
to such right of dower shall be presumed to have waived and sur-
rendered the same [, and to have accepted the provisions of the act,]
unless [within the period of six months after the death of the spouse
by virtue of whose ownership such right of dower attached,] such
surviving [wife or husband] spouse shall file with the orphans' court
or register of wills for the county or counties where such real estate
is situate, a signed written election to take the dower to which she
or he is so entitled by virtue of such inchoate right, as prescribed in
Section 329 of Article 93;
in which case such surviving [wife or hus-
band] spouse shall be entitled to dower, but shall be considered to
have renounced any other right in the real estate in Maryland of the
deceased spouse [in favor of the other heirs, to whom the same shall
pass].

Sec. 2. And be it further enacted, That Sections 328, 329 and 330
of Article 93 of the said Code (1957 Edition and 1963 Supplement),
title "Testamentary Law," subtitle "Widows and Widowers," be and
they are hereby repealed and re-enacted, with amendments, to read as
follows:

328.

Every devise of land [or any estate therein,] or bequest of personal
estate or any estate in either, to the [wife] surviving spouse of [the
testator] a testate decedent shall be construed to be intended in bar
of his or her dower in [lands] land and share in land and [or] share
[of] in the personal estate [, respectively,] unless it be otherwise
expressed in the will.

329.

(a) A surviving [husband or widow] spouse shall be barred of his
or her right of dower in land [or] and share in land [or] and share in
the personal estate [by any such devise or bequest], even though
nothing in effect shall pass to such surviving spouse by any devise
or bequest in the will of the decedent, or even though no devise or
bequest is made to such surviving spouse,
unless within [thirty (30)
days after the expiration of the notice to creditors in the wife's or

 

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Session Laws, 1964
Volume 672, Page 307   View pdf image (33K)
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