430 JONES v. JONES.—1 BLAND.

consent that the proceeds of sale should be otherwise disposed of.
Spurrier v. Spurrier, port ; Iglehart v. Armiger, post.(c)

(c) WELLS v. ROLOSON.—This bill, which was filed on the 12th of June.
1815, states, that the late John Wells, by his last will, among other things,
devised certain real estate to his children, as tenants in common; one of
whom, Margaret, was to hold for life with remainder over to her children
in fee; that Margaret had several children who were infants, and was then
the wife of the defendant Richard Roloson; that the land was incapable of
division; and that a division could not be obtained because of the infancy of
Margaret's children. Prayer that the estate might be sold and the proceeds
divided. The defendants answered, admitting the facts as stated.

KILTY, C., 20th July, 1816.—Let a commission be issued under the Act of
Direct Descents to persons to be named by the complainant.

After which the case standing ready for hearing, and being submitted, the
bill, answer, exhibits, and return of the commissioners, together with all
other proceedings having been by the Chancellor read and considered; it
was on the 31st of December. 1816. decreed, that the real estate be sold, and
that William Gwynn be the trustee for that purpose, &c. A sale was ac-
cordingly made and confirmed. On the 25th of August. 1817, the auditor
reported a distribution of the proceeds of sale after deducting costs, &c.; in
which he says, that he had divided the balance among the deceased's chil-
dren to be paid agreeably to his will,—that is. among others, to Caleb Davis
and Mary his wife, one-sixth of the balance $963.86, and to Richard Eoloson
and Margaret his wife during her life, and thereafter to her children or their
issue according to the deceased's will, $963.86.

KILTY, C. 23d September, 1817.—Ordered, that the above statement as
reported be confirmed, and the proceeds applied accordingly, with inte-
rest on the commission and dividends, in proportion as it has been or may
be received.

After which the trustee, referring to this last order, prayed, that he might
be authorized to pay the dividend awarded to Margaret and her children to
the register, that the same might be applied, invested or paid over as to the
Court might appear just and most conformable to the will of the said John
Wells.

KILTY, C., 30th September, 1817.—The trustee is authorized to pay into
this Court, to the register thereof, the part of the proceeds of the sale men-
tioned in the above petition, to he deposited in the usual manner subject to
the order of the Court.

Which dividend having been brought into Court accordingly, Margaret
Roloson set forth, that she was willing and able to give good security; and
thereupon prayed, that the dividend awarded to her might be paid over.

KILTY, C., 28th October, 1817.—On the application of Margaret Roloson
the report of the auditor and the will of John Wells have been considered.
A bond must be executed by Richard Roloson for the payment of the sum,
to wit, $963.86 to the children of Margaret Roloson or their issue after her