490 WATKINS v.WORTHINGTON.—2 BLAND.

creditors of the deceased to file the vouchers of their claims within
four months from the day of sale.

After which, Elizabeth R. Worthiugton, by her petition, stated,
that she was the widow of the late Beale M. Worthiugton, and as
such, was entitled to dower in the real estate, of which he died
* seized, and which had been decreed to be sold. Where-
upon she prayed, that a commission might be issued, to as-
sign dower to her. And recommended Thomas H. Dorsey, James
Wells, Eli Lusby, Jacob Waters, and Caleb Dorsey, to he ap-
pointed commissioners for that purpose.

BLAND. C., 2d July, 1828.—The hill states, that- Beale M.
Worthiugton, the deceased, left a widow, Elizabeth R. Worthing-
ton, and the infant children, these defendants, his heirs; and then
prays, that the real estate of the deceased may be sold for the pay-
ment of his debts. Hence, taking this petitioner to be the widow
mentioned in the bill, it virtually recognizes her legal right to
dower; and, therefore, there need he no hesitation in at once, ac-
cording to the established course of the Court in similar cases,
either granting a commission to have dower assigned to her, or in
directing the land to be sold subject to her claim; or in awarding
to her a proportion of the purchase money in lieu thereof. But, as
in this case, the widow is not a party to the suit; and the defen-
dants are infants; it may not be amiss to allow the plaintiff's to
show cause, if any they have, why a commission should not issue
as prayed, leaving the application open to any further objections
when the Court shall, upon the return of the commissioners, be
called on for a decree confirming the assignment of dower so made
to her. Mildred v. Neill, ante, 354; Ewing v. Ennals, ante, 356.

Ordered, that a commission issue as prayed, to the persons re-
commended; unless cause to the contrary be shewn on the Kith in-
stant; provided, that a copy of this order, together with a copy of
the aforegoing petition and recommendation be served on the
plaintiffs or their solicitor, on or before the 9th instant.

The plaintiffs consented that a commission should issue as
prayed, which was issued accordingly. Upon which, the commis-
sioners made return, that they had assigned to the widow her
dower, according to certain metes and bounds as therein specified,
and as shewn by the annexed plot thereof, (e)

(e} It appears from the auditor's report, subsequently made and passed
upon in this case, that the expenses of the survey for making the assign-
ment of dower, were allowed out of the proceeds of the sale; but no decree
confirming to the widow her dower, was ever called for or passed.