Rowe v. Cullen

The first question presented by this appeal is whether an illegitimate child is a “descendant” of his mother within the meaning of Code, art. 93, sec. 311, which provides that, if the surviving spouse of a testator elects to renounce any provision for his benefit made by the will, he shall take one-third of the estate, if the testator leave “descendants” surviving, one-half if the deceased spouse is not survived by “descendants.”

Rosalie E. Rowe, a resident of Baltimore County, died on December 4th, 1937, leaving a will executed in due form, which in ordinary course was admitted to probate on…