DOWNES v. DOWNES

No. 112, September Term, 2004.

880 A.2d 343 (2005)

388 Md. 561

Shirley L. DOWNES v. Gregory DOWNES.

Court of Appeals of Maryland.

August 15, 2005.


Attorney(s) appearing for the Case

Andrea Leahy-Fucheck (Richard J. Magid, Christopher B. Lord, Whiteford, Taylor & Preston LLP, Baltimore, on brief), for petitioner.

Charles W. Collett, Easton, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


WILNER, J.

Maryland Code, § 3-203 of the Estates and Trusts Article (ET), permits the surviving spouse of a decedent to take a certain share of the decedent's net Estate — one-half or one-third, depending on whether there is surviving issue — in lieu of property left to the spouse by the decedent's Will. ET § 3-206 and Maryland Rule 6-411 set a time deadline on the making of that election, however. The deadline relevant to this case was seven...

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