Page:United States Statutes at Large Volume 79.djvu/736

 696

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

§ 19-110. Assignment by guardian; rights of heir A guardian of a minor heir has the right of assignment or admeasurement of dower; but the heir, when he comes of full age, is not barred by such an assignment if it was wrongfully made pursuant to collusion between the guardian and the tenant in dower, and may have the dower properly assigned or admeasured according to law. § 19-111. Rendowment upon eviction from jointure A spouse who is lawfully evicted from lands settled upon him as jointure in lieu of dower, or from a part thereof, is entitled to dower to the extent or value of the lands from which he was evicted. § 19-112. Devise or bequest to spouse Subject to section 19-114, and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse, bars his or her share in the decedent's estate, and his or her dower rights. §19-113. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements (a) Subject to section 19-114, a surviving spouse is, by a devise or bequest specified in section 19-112, barred of any statutory rights or interest he has in the real and personal estate oi the deceased spousp or dower rights, as the case may be, unless, within six months after the will of the deceased spouse is admitted to probate, he files in the Probate Court a written renunciation to the following effect: " I, A B, widow [or surviving husband] of late of, deceased, 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 estate of my deceased spouse (except that in lieu of my legal share of the real estate, I elect to take dower in all the real estate of my deceased spouse to which that right is applicable)." (b) I n similar manner, where the deceased spouse dies intestate of real estate, and letters of administration are issued with respect to the estate, the surviving spouse is barred of dower rights, unless, within six months after the letters of administration have been issued with respect to the estate of the deceased spouse, he files in the Probate Court a written renunciation of his legal share of the 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 estate of which my deceased spouse died intestate, elect to take dower in all the real estate of my deceased spouse to which that right is applicable." (c) If, during the period of six months specified by subsection (a) or (b) of this section, a suit is instituted to construe the will of the deceased spouse, the period of six months for the filing of the renunciation or election commences to run from the date when the suit is fijially determined. A renunciation or election may be made in behalf of a spouse unable to act for himself by reason of infancy, incompetency, or inability to manage his property, by the guardian or other fiduciary acting for the spouse when so authorized by the court having

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