646

LAWS OF MARYLAND.— 1816.

How pro-
perty is to
descend in
case of in-
fants death.

her or their death without lawful issue, the proceeds of the said
sale, or the said stock, shall be considered as real estate, and as
such shall descend to those heirs or representatives who would
be entitled to the said lands, in the same manner as if the same
had not been sold in virtue of this law.

Award to
widow en-
titled to
dower, and

consenting
to a sale.

SEC. 10. And be it enacted, That in case a widow shall be
entitled to any right of dower, and will consent to the sale of
the whole estate, she shall signify her consent in writing, and
the same shall be filed with the clerk of the county court, or the
register of the chancery, as the case may be, and thereupon the
trustee or trustees as aforesaid, shall proceed to sell the whole
estate, according to the terms to be prescribed as aforesaid, free
and disencumbered of any right of dower of the said widow in
and to the same, and in consideration thereof the chancellor, or
county courts respectively, shall award to such widow such
proportion of the purchase as he or they shall think just and
equitable, not exceeding more than one-seventh part nor less
than one-tenth part of the net proceeds of the said sales, accord-
ing to the age, health and condition, of such widow, and such
award of payment shall be a sufficient bar to all and every right
or title of dower which such widow may claim in and to such
real estate so as aforesaid sold.

Proceedings
in case
widow
does not
consent.

SEC. 11. And be it enacted. That in case the widow shall not
elect, that the lands, tenements or hereditaments, so ordered to
be sold, shall be sold free, clear and unencumbered of any right
of dower which she may have in and to the same, then and in
that case it shall and may be lawful for the chancellor or the
county courts, as the case may be, to issue a commission, to
five commissioners, in the same manner as is directed by an

*1786, ch.
45.

act,* entitled, an act to direct descents, and of the several
supplements thereto ; and the said commissioners shall proceed
in manner and form as is directed by the said acts, to lay off and
locate the widow's dower, in and to the said lands, tenements
and hereditaments, and the said commissioners shall make
return of the said location to the chancellor, or county courts, as
the case may be, for rejection or confirmation, as in other cases
under the said act, and of the several supplements thereto.

Vacancy of
trustee,
how to be

supplied.

SEC. 12. And be it enacted, That if any trustee or trustees
appointed in and under this law shall depart this life, then and
in such case it shall and may be lawful for the chancellor, or the
county courts, as the case may be, to appoint a trustee or trus-
tees, in the place of such trustee or trustees so dying, and the
said trustee or trustees shall execute a bond in the manner pre-
scribed by this law.

Powers of
chancellor,
&c. where
infants are

SEC. 13. And be it enacted, That the chancellor, or the county
courts of this state, shall and may exercise all and every the
powers herein provided in all cases where an infant or infants