748

LAWS OF MARYLAND.— 1820.

act, or any thing therein contained, be taken or construed to bar
or affect any widow's right of dower.

Certain
children
legitimized,
&c.

SEC. 7. And be it enacted, That if any man shall have a
child or children by any woman whom he shall afterwards
marry, such child or children, if acknowledged by the man,
shall in virtue of such marriage and acknowledgment, be
hereby legitimated, and capable in law to inherit and transmit
inheritance, as if bom in wedlock.

Where par-
ties cannot
agree upon
division of
intestate's
estate, or
any person
entitled to a
part be a
minor, com-
mission
may issue
for dividing
estate, &c.

SEC, 8. And be it enacted. That in case the parties entitled
to the intestate's estate cannot agree upon the division thereof,
or in case any person entitled to any part be a minor, an appli-
cation may be made to the county court of the county where
the estate lies, and the court shall appoint and issue a commis-
sion to five discreet, sensible men, to be commissioners, autho-
rizing and empowering them, or a majority of them, to proceed
in the premises, according to the directions of this act, and in
all respects conform to, and comply with, the provisions thereof;
and the said commissioners, or a majority of them, before they
proceed to act, shall severally take an oath or affirmation, (to be
annexed to be said commission,) before some justice of the peace

Oath of
commis-
sioners.

of the county, or other person authorized to administer an oath,
well and faithfully to perform the duties required of them by the
commission, and all duties assigned to them under this act, and
that they will proceed in the execution and completion of the
said commission, without favour, partiality or prejudice, and
according to the best of their judgment and understanding ; and

Commis-
sioners to
determine
whether
estate will
admit of
being
divided, &c

the said commissioners, or a majority of them, shall adjudge
and determine whether the estate will admit of being divided
without injury and loss to all the parties entitled, and to ascer-
tain the value of such estate in current money, taking into
consideration any incumbrance thereon, and ascertain the value
of the estate subject to the incumbrance; and if the estate can,

If estate
can be di-
vided then
partition tc
be made.

in the opinion and judgment of the commissioners, or a majority
of them, be divided without loss and injury to all the parties
' entitled, then they shall divide and make partition of the same,
fairly and equally in value, between all the parties interested,
according to their several just proportions; or if the estate can-
not be divided equally and fairly between all the parties inte-
rested according to their several just proportions, then the
commissioners, or a majority of them, shall have power to
divide the estate into as many parts as it is susceptible of,
without loss and injury, to all the parties entitled, and to ascer-
tain the value of each part of such estate iu current money,
subject to any incumbrance thereon.

If estate
cannot be
divided
without

SEC. 9. And be it enacted, That if the said commissioners,
or a majority of them, shall determine that the estate cannot be
divided without loss and injury to all the parties, then they shall