FENWICK v. LAFGHLIN.— 1 BLAND. 451

insufficiency of the personal estate of the deceased to pay his
debts; to notify his heirs, that they may have an opportunity of

cellor on a further consideration of his petition, and the arguments in writ-
ing urged against it.

After which the case was again submitted, at the instance of the widow to
obtain a portion of the proceeds of sale in lieu of dower.

KILTY, C., 14th September, 1813.—The widow Ann Spurrier is allowed,
(her age being proved) one-eighth part of the net proceeds of the land sold
to G. Calvert and also of the small tract sold to William C. Spurrier. The
claim No. 25 having beea paid, according to the former order before that of
May 36th, 1813, Is confirmed. The claim No. 24 is rejected. A distribution
of the balance to be made as follows:—The same to be divided into eight
parts, one of which is to be reserved for the decision of the claim of Roderick
Warfield. The amount of the other seven parts to be equally divided be-
tween John and Aim Cumming, William C. Spurrier, John Spurrier, Eliza
Spurrier, Richard Spurrier, and Horace Spurrier, Lewis being stated to have
died since the sale, and since the death of Henrietta Warfield. The pay-
ment of the shares of John Spurrier, Eliza Spurrier, Richard Spurrier, and
Horace Spurrier, who are minors, to be made to their mother Ann Spurrier
the petitioner, on the approval by the Chancellor of a bond to be filed by
her with two sufficient sureties with condition similar to that in guardians'
bonds, but reciting the sale, &c. under the decree of this Court; and not
before. Interest to be paid on the shares in proportion as it has been, or
may be received. The petition of Roderick Warfield will be taken up this
month on the application of either party.

Proofs having been collected under the order of the 1st of October, 1813,
to establish the facts set forth in the petition: it appears by the notes of Mr.
A. C. Magruder, submitted in opposition to the prayer of this petition, that
he insisted, that the husband could at most be considered only as a tenant
by the courtesy; especially for that part which had been sold after the death
of the wife: that, even if it were to he considered as her money, yet it was
a mere equitable title which the husband could not reduce into possession
without making a proper settlement. (1 Ves. 538: 3 P. Will. 13.) But, that,
in this case, the proceeds must be regarded as land, and pass as the real es-
tate would have passed had the sales not been made; and it had been so
held, after much consideration, by the County Court of Prince George's in
a similar case: and the husband was required to give good security, (con-
sidering him as tenant by the courtesy,) that her children should have the
money after his death.

KILTY, C., 39th November, 1813.—On the within petition notes have been
filed by the counsel on behalf of the heirs, and it has been submitted on the
part of the petitioner. The original bill or petition appears to have been
filed under the 12th section of the Act of 1783, ch. 73, the intention of which
appears to have been to turn the land into money for the purpose of division.
Which sale the Court is not bound to order unless for the interest and ad-
vantage of all parties. And the practice has been, as far as the Chancellor
has been informed, to divide the proceeds as personal estate. And the Acts
respecting widows entitled to dower, and tenants, and tenants by the cour-
tesy, are in the same spirit. It is therefore, ordered, that the part allotted