Page:United States Statutes at Large Volume 71.djvu/597

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[71 Stat. 561]
[71 Stat. 561]
PUBLIC LAW 000—MMMM. DD, 1957

71

STAT.]

PUBLIC LAW 85-244-AUG. 31, 1957

561

(e) Section 962 of such Act, as amended (D. C. Code, sec. 18-111), is hereby repealed. (f) Section 1175 of such Act (D. C. Code, sec. 18-213) is hereby repealed. (g) Section 1176 of such Act (D. C. Code, sec. 18-214) is hereby repealed. (h) Section 1159 of such Act (D. C. Code, sec. 18-215) is hereby repealed. SEC. 5. Section 1172 of the x4.ct entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D. C. Code, sec. 18-210), is amended to read as follows: "§ 1172. Devise or bequest to spouse. "Subject to the provisions of section 1174 of this Act, every devise Infra. of real estate or any interest therein, and every bequest of personal estate or any interest therein, to the surviving spouse shall be construed to be intended in bar of his or her share m decedent's estate (including dower rights, if any) unless it be otherwise expressed in the will." SEC. 6. 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 follows: "§ 1173. Renunciation of devises and bequests to spouse. "Subject to the provisions of section 1174 of this Act, a widow or Intra, widower shall be barred of any rights or interest she or he may have in real or personal estate by any such devise or bequest unless within six months after administration may be granted on the deceased spouse's estate she or he shall file in the probate court a written renunciation to the following effect: " ' I, A. B., widow or widower 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 estate of my said spouse.' "If, during said period of six months, a suit should be instituted to construe the will of the husband or wife, the period of six months for the filing of such renunciation shall commence to run from the date when such suit shall be finally determined, by appeal or otherwise. "By renouncing all claim to any and all devises and bequests, made to her or him by the will of her husband or his wife, the surviving spouse shall be entitled to such share or interest in the real and personal estate which she or he would have taken had the deceased spouse died intestate. Except in cases of valid antenuptial or postnuptial agreements, and except in cases when it is expressly waived in a writing filed with the probate court within said six months period, this provision for the surviving spouse shall apply with like effect (without formal renunciation) to cases where the wife or husband has made no devise or bequest to her husband or his wife, and also to cases where nothing passes by such devise or bequest." SEC. 7. Section 1174 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D. C. Code, sec. 18-212), is amended to read as follows: "SEC. 1174. If the surviving spouse does not renounce as provided in section 1173 of this Act, she or he shall be entitled to receive the Supra, benefit of all provisions in her or his favor in the will of the deceased spouse and shall share, in accordance with sections 373, 374, 375, 376, jj\\ 702,^03 *704l and 940 of this Act, in any estate of the deceased spouse undisposed Bup'ra. of by the will."