COLEGATE D. OWINGS' CASE.—1 BLAND. 345

deducting the value of improvements as above mentioned. But
the said commissioners are not to include in the said valuation
and division; any real estate of the said testator for which he may
have given bonds of conveyance, or which he has sold, or con-
tracted to sell, and for which his executors are authorized to exe-
cute all necessary deeds to complete such contracts as are men-
tioned in his said last will and testament. And that the said com-
missioners be directed, in the commission, to make out a plot and
certificate of the said real estate: and of the divisions thereof, and an
accurate description of the same and of the several parts thereof,
and the value of each; and to the said commission there shall be
annexed, as usual, an oath of office.

After which the commissioners made a return, that they had
made partition of the real estate in pursuance of this decree,
which, with the consent of the parties, was confirmed by a final
decree in the usual form, awarding to each one of the eight devi-
sees one share to be held in severalty.

* COLEGATE D. OWINGS' CASE. 37O

UNDUE INFLUENCE.—CONTRACTS OF PERSON NON COMPOS MENTIS.—DIFFER-
EST KINDS OF DEMENTIA.—PROMISE TO DEVISE PROPERLY.—CONSIDERA-
TION or CONTRACTS.—CHANCERY PRACTICE.—DEED OBTAINED BY FRAUD
AND UNDUE INFLUENCE VACATED, BUT CONTRACT OF GEANTOE WITH
GRANTEE ENFOECED.

A suit, which had been instituted in the name of a person in her dotage,
having been dismissed by her under the influence of the defendant; it
was reinstated, and directed to be thenceforward prosecuted by her so-
licitor for her benefit.

It was ordered that she should be permitted freely to go and to reside where
she pleased; and that if necessary a receiver might be put upon the
estate to have its rents and profits applied to her maintenance pending
the litigation.

The maxim of the English law, that no man of full age shall be, in any plea
to be pleaded by him, received to stultify himself and disable his own
person, examined, considered, and rejected, ae being inconsistent with
the principles of the law of Maryland, (a)

The indications and characteristic differences between the four kinds of de-
mentia, called idiocy, delirium, lunacy, and dotage, as regarded by the
medical profession and as recognized by the law, examined and consid-
ered.

Weakness of mind is a sort of mental imbecility approaching to the condi-
tion of non compos mentis, and analogous to childishness and dotage.

[a] See Turner v. Busk, 53 Md. 69.