
    GENERAL COURT,
    OCTOBER TERM, 1791.
    Boone’s Representatives against Boone.
    AN appeal from the orphans’ court of Ann Arundel county. The case was this : Stephen Boone, of Ann Arundel county, died, leaving a widow, to whom he be queathed a part of his personal estate. The widow died before the expiration of forty days after her husband’s death, and did not make her, election whether she would abide by the will or not.
    The question before the court was, whether the representatives of the widow could, after her death, do .such an act as would amount to a renunciation of the will, and be entitled to such part of Stephen Boone’s personal estate as the widow would have been entitled to if she had renounced the will ?
   Jennings, Chief Judge

of the orphans’ court, was of opinion that the representatives had no right to the privilege which the law allows the widow, being intended entirely for her benefit and personal privilege.

On appeal to the general court, this opinion was affirmed.  