| 1816.
CHAP. 154. |
LAWS OF MARYLAND.
the said lands, in the same manner as if the same had not been
sold in virtue of this law. |
Award to widow
entitled to dower,
and consenting to
a sale. |
10. AND BE IT ENACTED, That in case a widow
shall be entitled
to ay 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, according 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.
* 1786, ch. 45. |
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 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. |
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 trustees, in
the place of such trustee or trustees so dying, and the said trustee
or trustees shall execute a bond in the manner prescribed by this
law. |
Powers of chancellor,
&c. where infants
are seized of
a reversion, &c. |
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 are
seized of a reversion, dependent upon an estate for life, and upon
the assent of the tenant for life, for the sale thereof, to order and
adjudge the annual interest, or such part thereof as they may
deem equitable, to be paid over to such tenant for life, during his
life. |
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|
Passed Jan. 29, 1817. |
CHAP. CLV.
An Act for the relief of Ann Nellson, of Baltimore County.
Lib.
TH. No. 5, fol. 296. A Private Act. |
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