756

LAWS OF MARYLAND.— 1820.

before they shall proceed to divide or value the same, and the
said commissioners shall make the ascertainment and location
of such part or portion of the tenant by the courtesy a part of
their return to their commission, and the chancellor, or the
county courts, as the case may be, shall determine thereon, and
confirm or reject the same, as in other cases under this act.

Where
estate can-
not be di-
vided, and
there is no
election,
&c. the
same shall
be sold dis-
encumbered
by any te-
nancy by
the courtesy
nd the
ourt shall
ward to
uch tenant
propor-
tion of
purchase
money, &c.

SEC. 35. And be it enacted. That whenever any person shall
become entitled as tenant by the courtesy as aforesaid, and the
commissioners aforesaid shall determine and so certify to the
chancellor or county court, that the estate cannot be divided
without loss and injury to all the parties entitled, and the
return of the said commissioners shall be confirmed by the
chancellor or county court, and the persons entitled to elect to
take the said estate at the valuation made by the commissioners
shall all refuse, then the estate shall be sold by the said com-
missioners agreeably to the terms prescribed to them, disen-
cumbered by any tenancy by the courtesy ; and the chancellor
or the county court to which the return is made, shall award to
the tenant by the courtesy such proportion of the purchase
money as he or they shall think just and equitable, in lieu of
such tenancy by the courtesy; and in decreeing such propor-
tion of the said purchase money to the said tenant, the chancel-
lor, or county court, as the case may be, shall be directed by the
age, health and condition, of such tenant, and such award of
payment shall be sufficient to bar such tenant from all and every
right or title, by such courtesy, which such tenant may claim to
the lands and tenements of such intestate.

Where
there is an
election,
&c. the
person so
electing to
hold disen-
cumbered
by any te-
nancy by
the courtesy
and court to
award such
tenant
money in
lieu thereof.

SEC. 36. And be it enacted. That whenever any person may
be entitled as tenant by the courtesy to a life estate, in an un-
divided part of the real estate of an intestate, and the commis-
sioners shall determine, and so certify to the court in their
return, that the said estate cannot be divided without loss and
injury to all the parties concerned, the chancellor, or the county
court, to which the said return is made, shall proceed to award
to such tenant such sum in current money as he or they shall
think just and equitable, in lieu of such tenancy by the courtesy ;
and in decreeing such value to the said tenant, the chancellor,
or the county court, (as the case may be,) shall be directed by
the age, health and condition, of such tenant ; and such award
of value shall be sufficient to bar such tenant from all and every
right or title by such courtesy, which such tenant may claim to
the lands and tenements of such intestate ; and the person
making the election to take the estate at the valuation of the
commissioners, and under the award of the chancellor or the
county court, shall hold the estate, disencumbered by any
tenancy by the courtesy.