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Session Laws, 1964
Volume 672, Page 308   View pdf image (33K)
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308                             LAWS OF MARYLAND                      [CH. 108

husband's estate, as the case may be, he or she] seven months after
the date of the decedent's death in case of dower or, in case of share
in land or share in the personal estate, seven months after the grant
of letters testamentary or letters of administration on the estate of
the deceased spouse, the surviving spouse
shall [deliver or transmit
to] file with the court or register of wills where administration has
been granted (or where provided in Section 4 of Article 46 if no ad-
ministration has been granted)
a written claim or renunciation and
election
in substantially the following form or to the following effect,
and such election shall be indicated at the same time:

I, A. B., [widow or widower, as the case may be,] the surviving

spouse of...................................................., late of..................................,

[deceased,] do hereby renounce and quit all claim to any bequest or
devise, if any, made to me by the last will and testament of my wife
or husband, exhibited and proved according to law; and I elect to take
in lieu thereof, or I do hereby claim, as the case may be, my dower in
lands and my legal share of the personal estate of my said wife or
husband, or [by] my legal share of both the real and personal estate
of my said wife or husband. [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] spouse shall
take dower in lands and one-third of the surplus personal estate
(if the deceased spouse shall be survived by the 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] spouse 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 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.

330.

The claim or renunciation and election as provided in Section 329
may be made by the guardian of an infant spouse, when authorized
so to do by the court having jurisdiction of the infant's estate, or
may be made on behalf of an incompetent when authorized by the
equity court having jurisdiction of the person of said incompetent.
The time for claim or renunciation and election by any spouse may
be enlarged before its expiration by an order of the orphans' court
where the will was probated, or, in the case of dower and when no
administration has been granted, in the county where the real es-
tate is situate,
for a further period of not exceeding six months
upon any one application, upon a petition showing reasonable cause
and on notice given to such persons and in such manner as the
orphans' court may direct.

 

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Session Laws, 1964
Volume 672, Page 308   View pdf image (33K)
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