Chap. 501.—An ACT to amend and re-enact section 5121 of the Code of
Virginia, ; [H B 364]
Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-one hundred and twenty-one of the Code of Virginia be
amended and re-enacted so as to read as follows:

Sec. 5121. Election of widow to waive jointure and demand
dower.—But if such conveyance or devise were before the marriage,
without the assent in writing or during the infancy of the female, or
if it were after marriage, in either case, the widow may, at her
election, waive such jointure and demand her dower. Such election
shall be made within one year after the death of the husband or
within one year after the admission of his will to probate where the
provision is by will, and shall be made in any court of record in the
county or corporation in which the husband resided at the time of
his death, or in the clerk’s office of which the instrument creating
the jointure is recorded, or by a writing recorded in such court, or
in the clerk’s office thereof, upon such acknowledgment or proof
as would authorize a writing to be admitted to record under chapter
two hundred and eleven; and when she shall elect and receive her
dower, the estate so conveyed or devised to her shall cease and de-
termine; provided, however, that if any such conveyance or will 1s
of doubtful import as to the amount or value of the property the
widow is to receive thereby or thereunder and a suit in equity 1s
pending wherein the said conveyance or will will be construed in
such respect, the court in which said suit is pending shall, within
said year, on the application of said widow, if she so desires, enter
an order extending the time within which she is to make such elec-
tion for such additional period beyond such year as will allow the
said widow a reasonable time, not exceeding six months, for making
such election after a final order shall have been entered in said suit
construing such conveyance or will in such respect, either by a
trial court or any appellate court to which it may be appealed; and
provided further, that said widow may, within such year, have the
right to herself institute and maintain any such suit for the proper
construction of said conveyance or will in such respect.

2. An emergency existing, this act shall be in force from its
passage.