Page:United States Statutes at Large Volume 79.djvu/734

 694

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

(c) The allowance provided for by this section is in addition to the respective shares of the surviving spouse and children. (d) This section applies to estates of all persons dying after June 24, 1949; and if there is any conflict or inconsistency between this section and other provisions of this Part or any other law, this section controls. (e) Whoever, with respect to the family allowance authorized by this section: (1) makes a false affidavit; or (2) willfully violates an order of the Probate Court; or (3) willfully violates a provision of this section— shall be fined not more than $500 for each offense. §19-102. Dower; quarantine; curtesy abolished (a) The widow of a deceased man, with respect to parties who intermarried prior to November 29, 1957, or the widow or widower of a deceased person dying after March 15, 1962, is entitled to dower and its incidents as the rights thereto were known at common law with respect to widows, including the use, during her or his natural life, of one-third part of all the lands on which the deceased spouse was seized of an estate of inheritance at any time during the marriage. The surviving spouse entitled to dower under this section may remain in the chief dwelling house of the decedent 40 days after the death, without being liable for rent therefor, within which period the dower of the surviving spouse, if not previously assigned to her or him, shall be so assigned. In the meantime, the surviving spouse may have reasonable sustenance out of the estate of the decedent. (b) The right of dower and its incidents provided for by subsection (a) of this section entitles the widow or widower to lands held by the deceased spouse at any time during the marriage, whether by legal or equitable title, and whether held by the decedent at the time of death, or not, but the right does not operate to the prejudice of a claim for the purchase money of the lands or other lien thereon. (c) The right of dower provided for by this section does not attach to lands held by two or more persons as joint tenants while the joint lenancy exists. A husband may not claim a right of dower in land which his wife, during the coverture, conveyed or transferred to {mother person by her sole deed prior to November 29, 1957. (d) "With respect to the real estate of a wife dying after November 29, 1957, there is no estate by the curtesy. § 19-103. Forfeiture of dower by desertion and adultery (a) A person who voluntarily abandons or deserts his or her spouse and lives with another person with whom he or she commits adultery, and who is convicted of the adultery by a court having jurisdiction, forfeits the right to dower, and is forever barred of an action to demand it. (b) Subsection (a) of this section does not apply if the aggrieved spouse willingly, and without coercion, pardons the offending spouse and permits the resumption of cohabitation. § 19-104. Absent or incompetent spouse The spouse of a person who is insane, and has been so adjudicated by a court of competent jurisdiction and the adjudication remains in

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