2616 INDEX TO THE

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curtesy, and the court shall award to the tenant a reasonable pro-

portion of the purchase money — 1820, ch. 191, sec. 35,

756

Where the estate is incapable of division and any of the parties elect to

take the estate at the valuation, the person so electing, shall take

the estate disencumbered by the tenancy by the curtesy, and the

court shall award the tenant by the curtesy, a proportion of the

valuation— 1820, ch. 191, sec. 36, ......

756

If any person shall become entitled, as tenant by the curtesy, after the

return of the commissioners and before a sale or division, the court

may order the return to be altered — 1820, ch. 191, sec. 37, .

757

Where a person is entitled, by deed or devise to a life estate the same

proceedings shall be had as in case of a tenant by the curtesy, and

where a person is entitled to a remainder, after such life estate, the

same proceedings shall be had as where a person is entitled, subject

to a tenancy by the curtesy — 1820, ch. 191, sec. 38, ...

757

Where a person is entitled, by devise in fee, the same proceedings shall

be had as in case of purchasers — 1820, ch. 191, sec. 39,

757

When all the commissioners die without completely executing their

commission, the court on application may appoint other commis-

sioners-- 1820, ch. 191, sec. 40, .......

757

Form of the petition — 1820, ch. 191, sec. 40, .

757

A warrant to issue to such new commissioners who are thereupon to

proceed to the execution of the original commission — 1820, ch.

191, sec. 41, ....... ...

758

Such new commissioners to make a return of their proceedings, which

shall have the same effect as if such commissioners had been

named in the original commission — 1820, ch. 191, sec. 42, .

758

A majority of the commissioners may qualify and execute such com-

mission— 1820, ch. 191, sec. 43, ......

758

Where lands lie in several counties in the same judicial district, appli-

cation may be made to the county wherein the greatest quantity of

the lands lie— 1820, ch. 191, sec. 44, .....

758

Where the lands lie in different counties, in different judicial districts,

but lie adjoining, application may be made to the court where the

greatest portion of the lands lie — 1820, ch. 191, sec. 45,

759

Where the lands lie in different judicial districts, and not adjoining, ap-

plication may be made in the different districts to the courts of the

counties where the greatest portion of the lands lie — 1820, ch. 191,

sec. 46, ............

759

Same proceedings to be had in all such applications as if the lands laid

in one county — 1820, ch. 191, sec. 47, .....

759

Devisees may apply for a division of lands devised to them jointly or

in common — 1820, ch. 191, sec. 48, ......

759

Commissioners to be appointed and to divide the estate equally accord-

ing to the will of the deceased— 1820, ch. 191, sec. 49,

759

Where any of the parlies are not resident in the state, the commis-

sioner shall give notice, &c. at least two months before they pro-

ceed to execute the commission — 1820, ch. 191, sec. 50,

759