754

LAWS OF MARYLAND.— 1820.

and authorize him or them to make and execute to such pur-
chaser, his heirs, devisees or assignees, a deed of conveyance
for the estate so purchased, and every such deed shall have the
same operation and effect as if the same had been executed by
the commissioners who made the said sale.

Commis-
sioners to
layoff
widow's
dower be-
fore they
proceed to
divide
estate, &c.

SEC. 27. And whereas it may be beneficial to the parties con-
cerned, either where a division is adjudged to be made among
the representatives, or a sale of the estate becomes necessary,
that the widow's dower in and to the same should be previously
ascertained and laid off, therefore, Be it enacted, That the com-
missioners, or a majority of them, shall be and they are hereby
empowered and directed, to ascertain and lay off the widow's
dower in and to the lands and tenements of the intestate, by
virtue of their commission, before they shall proceed to divide
or value the same ; and the said commissioners shall make the
ascertainment and location of such dower a part of their return
to such commission ; and the county court, or chancellor, as
the case may be, shall determine thereon, and confirm or reject
the same, as in other cases under this act.

If the
widow con-
sents to a
sale, she
shall signify
her consent,
&c. court to
award her
proprotion
of purchase
money, &c.

SEC. 28. Provided always, and be it enacted, That in case of
sale of the intestate's real estate by the commissioners, if the
widow will consent to the sale of the whole estate, she shall
signify and subscribe her consent in writing, and the same shall
be filed with the clerk of the county court, or with the register
in chancery, as the case may be, and thereupon the said com-
missioners shall proceed to sell the whole real estate agreeably
to the terms prescribed to them, disencumbered by any right or
title of dower, and in consideration thereof the county court or
chancellor respectively, shall award to the widow such propor-
tions of the purchase money as shall be just and equitable, not
exceeding one-seventh part nor less than one-tenth part of the net
amount of the sales, according to the age, health and condition
of such widow ; and such award of payment shall be a suf-
ficient bar to all and every right or title of dower Which such
widow may claim to the lands and tenements of such intestate.

Where

heirs of in-
testate have
sold their
right, &c.
purchaser
may apply
to have a
division &c.

SEC. 29. And be it enacted, That in all cases where any of
the heirs of a person deceased without will, have sold, or shall
hereafter sell their right and title to the intestate's real estate,
and the purchaser or purchasers, and the other heir or heirs
cannot agree upon a division, or in case any person entitled to
any part be a minor, in order to obtain a division of the estate,
the purchaser or purchasers, heir or heirs, may proceed as the
heir or heirs of the deceased, according to the provisions of
this act.

Where per-
son entitled
to make

election is

SEC. 30. And be it enacted, That if any person or persons
entitled to make election to take the estate of any intestate as
aforesaid, shall be absent from the county, or not residing