ART. 47.] INHERITANCE. 341

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 curtesy.

59. Whenever any person may be entitled as tenant by the
curtesy to an undivided part of the real estate of an intestate,
and the commissioners 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 court
shall proceed to award to such tenant such sum of money as the
court shall think just and equitable in lieu of such tenancy by
the curtesy; and in decreeing such value to the said tenant, the
court shall be directed by the age, health, and condition of such
tenant; and such award of value shall be sufficient to bar such
tenant of all right by such curtesy 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, shall hold the estate disencumbered by any
tenancy by the curtesy.

60. If any person shall become entitled as tenant by the
curtesy to an undivided part of the real estate of an intestate,
after the return of the commissioners, and before the sale or
division thereof, the court shall order that the commissioners
shall alter or change their return; and the commissioners shall,
upon the service of the said order, proceed to alter their return
in such manner as that the tenant by the curtesy shall come in
for his proportionable share of the intestate's estate, with those
who by law may be entitled to take as heirs of the intestate.

61. Where any person is entitled by deed or devise to a life
estate in an undivided part of the real estate of an intestate, the
same proceedings shall be had as are directed by this article with
regard to tenancies by the curtesy; and where any person is
entitled by deed or devise to the remainder after such life estate,
the same proceedings shall be had as are directed by this article,
where a person is entitled to an undivided part of an intestate's
estate, subject to a tenancy by the curtesy.

62. The commissioners, or a majority of them, shall 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