§ 465 - Widow's interest, how barred
§ 465. Widow's interest, how barred
The widow may be barred of such third in value of the real estate of which her husband died seised in his own right, in the following ways:
(1) Where a jointure was settled on her by her husband or other person, or some pecuniary provision was made for her before her marriage, with or without her agreement or consent, or after her marriage, with her consent, to have effect after the death of her husband, and expressed to be in lieu or discharge of such third interest in such estate;
(2) Where the husband by his last will and testament made provision for her, which, in the judgment of the probate court, was intended to be in lieu of such third interest in such estate;
(3) Where the husband dies leaving no children or representatives of children and the widow is thereby entitled to the provisions in such case made and provided. The widow, within eight months after the will of her husband is proved, or after letters of administration are granted on his estate, or in such further time as the court in its discretion allows, may waive the jointure or pecuniary provision made for her in lieu of such third interest in his estate, or the provision made for her by the will of her husband in lieu of such third interest or the provisions of the law in the case of a widow whose husband dies without issue, and take such third in value of his real estate and notify the court of her election in writing; and the court shall thereupon order such third set out as in other cases. If the widow was not the first wife of the deceased and he leaves no issue by her, and an agreement was entered into between them, previous to or after their marriage, in relation to the widow's claim on the estate of her husband in lieu of such third interest, and if, in the opinion of the court, she has a sufficient provision for her comfortable support during life, the court may deny to such widow such third part of his real estate or any provision other than such as is provided by the agreement between the parties. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)