An Act to amend the Code of law for the District of Columbia so as to provide a new basis for determining certain marital property rights, and for other purposes
PL 87-246 (H.R.7265), enacted 09/14/1961

75 
S T A T . ] 
PUBLIC LAW 87-246-SEPT. 14, 1961 
515 
Public Law 87-246 
AN ACT 
To amend the code of law for the District of Columbia so as to provide a new 
basis for determining certain marital property rights, and for other purposes. 
September 14,1961 
[H. R. 7265] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Marital Property Eights Amendments of 1961". 
SEC. 2. Section 940 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901, as 
amended (D.C. Code, sec. 18-101), is amended to read as follows: 
"SEC. 940. COURSE or DESCENTS GENERALLY.—On the death of any 
person seized of or entitled to an interest in an estate in lands, tene-
ments, or hereditaments in the District of Columbia, and intestate 
thereof, the same shall descend in fee simple to such person's surviving 
spouse, if any, and kindred, who according to the laws of the District 
of Columbia now or hereafter in force relating to the distribution of 
the personal property of intestates, w^ould be entitled to the surplus 
personal property of such intestate, if he or she had died a resident 
of the District of Columbia and possessed of such surplus personalty; 
and such surviving spouse and kindred shall take as tenants in common 
in the same proportions as are or shall be fixed by such laws relating 
to personal property. Subject to the right of dower, such real prop-
erty shall be liable, in the event of insufficiency of the personal prop-
erty, for the payment of the intestate's funeral expenses, debts, costs 
of administration, and estate, inheritance, and succession taxes in the 
same manner and to the same extent as the personal property of such 
intestate. 
Should said lands, tenements, or hereditaments be sold 
under a decree of a court having jurisdiction over the same, then it 
shall be unnecessary to secure the consent of said widow or surviving 
husband to said sale, unless the widow elects to take her dower, if any, 
in all real estate whereof the husband, prior to November 29, 1957, 
was seized at any time during the marriage or the surviving spouse 
elects to take the right of dower provided by section 3 of the Act 
approved August 31, 1957, as amended by section 3 of the Marital 
Property Rights Amendments of 1961 (D.C. Code, sec. 18-201a)." 
SEC. 3. Section 3 of the Act approved August 31, 1957 (71 Stat. 
560; Public Law 85-244; D.C. Code, sec. 18-201a), is amended to read 
as follows: 
"SEC. 3. Every husband and wife shall acquire by virtue of the mar-
riage a right of dower which shall be an inchoate estate for life in one-
third of the real property owned by the other spouse at any time dur-
ing the marriage, whether by legal or equitable title, and whether held 
by either spouse at the time of his or her death or not, and such estate, 
which shall have the same incidents as the common law estate of dower 
in force and effect in the District of Columbia immediately prior to 
November 29,1957, shall be in lieu of any inchoate rights acquired by 
or which may have attached to the real estate of any husband or wife 
by virtue of the provisions of subsection (b) of this section, as such 
subsection w^as in effect immediately prior to the effective date of this 
amendment, and shall not operate to the prejudice of any claim for 
the purchase money of such lands. No such right of dower shall 
attach to any lands held by any two or more persons as joint tenants 
while such tenancy exists; and all provisions of the Act entitled 'An 
Act to establish a code of law for the District of Columbia', approved 
March 3, 1901, as amended, and all other laws in force in the District 
of Columbia relating to the right of dower and its incidents shall, on 
and after the effective date of this amendment, be construed to be 
applicable to both husband and wife." 
D. C. 
Marital Property 
R i g h t s 
A m e n d -
ments of 1961. 
71 Stat. 560. 
Intra. 
Right of dower. 
Ante, p. 515. 
516 
PUBLIC LAW 87-246-SEPT. 14, 1961 
[75 S T A T . 
SEC. 4. Section 1173 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3. 1901, as 
71 Stat. 561. 
amended (D.C. Code, sec. 18-211), is amended to read as toUows: 
"SEC. 1173. RENUNCIATION OF DEVICES AND BEQUESTS TO SPOUSE; 
ELECTION OF DOWER.—(a) Subject to the provisions of section 1174 of 
this Act, a widow or surviving husband shall by such devise or bequest 
be barred of any statutory rights or interest she or he may have in the 
real and personal estate of the deceased spouse or the dower rights pro-
vided by section 3 of the Act approved August 31,1957, as amended by 
section 3 of the Marital Property Rights Amendments of 1961 (D.C. 
Code, sec. 18-201a), as the case may be^ unless within six months after 
the will of the deceased spouse is admitted to probate, she or he shall 
file in the probate court a written renunciation to the following effect: 
"I, A B, widow (or surviving husband) of 
, 
late of 
, deceased, do hereby renounce and quit 
all claim to any devise or bequest made to me by the last will of 
my husband (or wife) exhibited and proved according to law; 
and I elect to take in lieu thereof my legal share of the real and 
personal property of my said spouse (except that in lieu of my 
legal share of the real property, I elect to take dower in all the 
real property of my deceased spouse to which such right is ap-
plicable) . 
"(b) In similar manner, where the deceased spouse has died 
intestate of any real estate and letters of administration have been 
issued with respect to the estate of such deceased ^ouse, the surviving 
spouse shall be barred of the dower rights provided by section 3 of 
the Act approved August 31, 1957, as amended by section 3 of the 
Marital Property Rights Amendments of 1961 (D.C. Code, sec. 
18-201a), unless within six months after such letters of administration 
liave been issued with respect to the estate of the deceased spouse, she 
or he shall file in the probate court a written renunciation of her or 
Iiis legal share of such intestate real estate to the following effect: 
"I, A B, widow (or surviving husband) of 
, 
deceased, in lieu of my legal share of the real property of 
which my deceased spouse died intestate, do hereby elect to take 
dower in all the real property of my deceased spouse to which 
such right is applicable. 
" (c) If, during said period of six months, a suit should be instituted 
to construe the will of the deceased spouse, the period of six months 
for the filing of such renunciation or election shall commence to run 
from the date when such suit shall be finally determined, by appeal 
or otherwise. A renunciation or election may oe made in behalf of any 
spouse unable to act for himself or herself by reason of infancy, incom-
petency, or inability to manage his or her property, by the guar-
dian or other fiduciary acting for such spouse when authorized so to 
do by the court having jurisdiction of the person of such spouse. The 
time for renunciation by any spouse may be extended before its expira-
tion by an order of the probate court for successive periods of not 
exceeding six months each upon petition showing reasonable cause and 
on notice given to the personal representative and to such other per-
sons in such manner as the probate court may direct. 
"(d) In any case where tne wife or husband has made no devise or 
bequest to the spouse, and in any case where nothing passes by any 
purported devise or bequest, the surviving spouse shall be deemed to 
have filed a written renunciation as provided in subsection (a) of this 
section (subject to his or her right to elect dower in lieu of the legal 
share of real estate within six months from probate of the will pro-
vided in subsection (b) of this section). 
75 S T A T . ] 
PUBLIC LAW 87-24T-SEPT. 14, 1961 
517 
"(e) By renouncing all claim to any and all devises and bequests 
made to her or him by the will of her husband or his wife pursuant to 
the provisions of subsection (a) of this section, or in the event that 
a renunciation shall be deemed to be effected j>ursuant to the pro-
visions of subsection (d) of this section, the surviving spouse shall be 
entitled to such share or interest in the real and personal estate of 
the deceased spouse (including dower if elected in lieu of the legal 
share in the real estate) which she or he would have taken had the 
deceased spouse died intestate, except that in neither event shall the 
surviving spouse be entitled to more than one-half of the net estate 
bequeathed and devised by said will, or, if dower be elected, one-half 
of the net personal estate bequeathed and dower in the real estate 
devised. 
"(f) Notwithstanding any other provision of law now or heretofore o'ttnL^tl "i^ag/ee' 
in effect in the District of Columbia, any valid antenuptial or post- ments. 
nuptial agreement which shall have been entered, into by the spouses 
shall govern and the provisions thereof shall determine the rights 
of the surviving spouse in the real and personal property of the 
deceased spouse, and the administration thereof, but nothing con-
tained in this subsection shall prohibit any spouse from accepting the 
benefits of any devise or bequest made to him or her by the deceased 
spouse." 
SEC. 5. Section 1165 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (D.C. 
Code, sec. 18-204), is amended to read as follows: 
^^ ^
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"SEC. 1165. ABSENT OR INCOMPETENT SPOUSE.—^Where any married 
person is a lunatic or insane, and has been so adjudicated by a court of 
competent jurisdiction and such adjudication remains in force, or 
where any married person has been absent or unheard of for seven 
years, the husband or wife, as the case may be, of such lunatic or 
insane or absent person may grant and convey bv his or her separate 
deed, whether the same be aosolute or by way of lease or mortgage, as 
fully as if he or she were unmarried, any real estate which he or she 
may have acquired since such adjudication or since the beginning of 
such absence." 
SEC. 6. Section 1154 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901, as 
amended (D.C. Code, sec. 30-201), is amended by striking out "of J^ ^
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subsection (b)". 
SEC. 7. Any provision of law inconsistent with the provisions and 
amendments of this Act is hereby repealed. 
SEC. 8. The foregoing provisions of this Act shall become effective 
Effective date, 
six months after the date of enactment of this Act. 
Approved September 14, 1961. 
Public Law 87-247 
A N A C T 
'^^ ^ ^ ^ 
September ]14, 1961 
To amend section 17 of the Interstate Commerce Act so as to authorize the dele- 
[H. R. 8033] 
gation of certain duties to employee boards. 
Be it eTMcted hy the^ Senate and House of Representatives of the 
United States of America in Congress assembled, Thac paragraph (5) 
interstatis c om-
of section 17 of the Interstate Commerce Act (49 U.SX!. 17(>)) is ^j^^''^' ^<='-"»*«-
amended by adding at the end thereof the following new sentence: 
E m p l o y e e 
"When deemed by the Commission to be appropriate for the efficient ''"sTstat. !)i3. 
and orderly conduct of its business, it may authorize duly designated