DESCENTS
DEVISE
DOWER |
to the court of the county where the greatest portion
of said lands lie, &c.
Where lands, &c. lie in different
judicial districts,
and not adjoining, application may be made in the
several districts to the respective county courts where
the greatest portion of such lands lie, for division
or
sale,
The same proceedings may be had on
all such applications
as if the lands laid in one county, &c.
Where two or more persons are entitled
to any
lands, &c. by devise as joint tenants, or tenants
in
common, application may be made to the county court
of the county where such lands lie, or in different
counties, then to the court of the county where the
greatest portion of such lands lie, for commission to
divide the same,
Commissioners to be appointed to make partition,
How to qualify and make partition,
In cases where commission hath issued,
and not
executed, or where a commission may hereafter issue
to make partition, and any of the parties interested
reside
out of the state, notice to be given by advertisement,
&c.
Any person having elected, or who may
elect to
take any part of the real estate of an intestate which
hath been or may be sold, &c. to give bond to the
state
of Maryland, with such security as the court may approve,
for the payment of the purchase money to the
legal representative, in such proportions as each may
be entitled to, instead of giving bond to each representative,
&c.
Such bond to be recorded, &c.
Upon such bond, &c. suit may be
instituted by any
person interested for any breach of the condition
thereof,
The limitations by devise therein mentioned,
of real
estates, not to be affected by the act to direct descents,
See Descents. Dower.
Widow.
A widow entitled to dower, consenting
to the sale
of the whole estate, &c. chancellor or county courts
to award to such widow such proportion of the purchase
as he or they may think just, &c.
Such award to be a bar to all right of dower,
&c.
Directions how to proceed in case
the widow does
not consent to a sale, &c.
Widows entitled to dower in lands
held by equitable
title in husband, &c.
Not to operate to prejudice any claim for purchase
money, &c.
The act to direct descents not to
bar or affect any
widow's dower,
The commissioners on making division or sale
of a real estate shall lay off the widow's dower, and
make return thereof to the court issuing the commission,
who may confirm or reject such return, and on
the consent of the widow to sell the whole estate, her
proportion arising from such sale may be awarded by
the said courts,
See Widow. |
Session
Ch. S.
1786 45 8
Note (h)
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Note (a)
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Note (i)
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Notes (d) and (e)
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1786 45 6
1816 154 10
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Enbsp; 11
1818 193 10
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1786 45 6
1799 49 5
6
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