Page:United States Statutes at Large Volume 75.djvu/556

 516

71 Stat. 561.

PUBLIC LAW 87-246-SEPT. 14, 1961

[75 S T A T.

SEC. 4. Section 1173 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3. 1901, as amended (D.C. Code, sec. 18-211), is amended to read as tollows: " SEC. 1173. RENUNCIATION OF DEVICES AND BEQUESTS TO SPOUSE; ELECTION OF DOWER.—(a) Subject to the provisions of section 1174 of

Ante, p. 515.

this Act, a widow or surviving husband shall by such devise or bequest be barred of any statutory rights or interest she or he may have in the real and personal estate of the deceased spouse or the dower rights provided by section 3 of the Act approved August 31, 1957, as amended by section 3 of the Marital Property Rights Amendments of 1961 (D.C. Code, sec. 18-201a), as the case may be^ unless within six months after the will of the deceased spouse is admitted to probate, she or he shall file in the probate court a written renunciation to the following effect: " I, A B, widow (or surviving husband) of, late of , deceased, do hereby renounce and quit all claim to any devise or bequest made to me by the last will of my husband (or wife) exhibited and proved according to law; and I elect to take in lieu thereof my legal share of the real and personal property of my said spouse (except that in lieu of my legal share of the real property, I elect to take dower in all the real property of my deceased spouse to which such right is applicable). "(b) I n similar manner, where the deceased spouse has died intestate of any real estate and letters of administration have been issued with respect to the estate of such deceased ^ o u s e, the surviving spouse shall be barred of the dower rights provided by section 3 of the Act approved August 31, 1957, as amended by section 3 of the Marital Property Rights Amendments of 1961 (D.C. Code, sec. 18-201a), unless within six months after such letters of administration have been issued with respect to the estate of the deceased spouse, she or he shall file in the probate court a written renunciation of her or Iiis legal share of such intestate real estate to the following effect: " I, A B, widow (or surviving husband) of, deceased, in lieu of my legal share of the real property of which my deceased spouse died intestate, do hereby elect to take dower in all the real property of my deceased spouse to which such right is applicable. " (c) If, during said period of six months, a suit should be instituted to construe the will of the deceased spouse, the period of six months for the filing of such renunciation or election shall commence to run from the date when such suit shall be finally determined, by appeal or otherwise. A renunciation or election may oe made in behalf of any spouse unable to act for himself or herself by reason of infancy, incompetency, or inability to manage his or her property, by the guardian or other fiduciary acting for such spouse when authorized so to do by the court having jurisdiction of the person of such spouse. The time for renunciation by any spouse may be extended before its expiration by an order of the probate court for successive periods of not exceeding six months each upon petition showing reasonable cause and on notice given to the personal representative and to such other persons in such manner as the probate court may direct. " (d) In any case where the wife or husband has made no devise or bequest to the spouse, and in any case where nothing passes by any purported devise or bequest, the surviving spouse shall be deemed to have filed a written renunciation as provided in subsection (a) of this section (subject to his or her right to elect dower in lieu of the legal share of real estate within six months from probate of the will provided in subsection (b) of this section).

�