200 WILLIAMS' CASE.—3 BLAND.

that the property mentioned in the bill of complaint, should be
sold.

BLAND, C., 12th March, 1831.—The special and distinctly ex-
pressed object of this bill is to obtain a partition of an intestate's
estate among his heirs. There can be no doubt, that this Court
has jurisdiction to make partition of real estate claimed either by
descent, or by purchase; Corse v. Polk, 1 Blared, 233, note; 1831, ch.
311, s. 7; nor can it be doubted, that this Court has the power to
make partition of any personal property among its several owners;
for indeed it has been said, that a partition of personal estate can
only be enforced by a Court of equity. Smith v. Smith, 4 Rand.
95; Crapster v. Griffith, 2 Bland, 25. But this bill does not allege
that these parties, or any of them, are at present in actual posses-
sion of the chattels real of which the intestate died possessed; on
the contrary, it has been verbally admitted, that these chattels
real passed into the hands of his administrator; and yet remain to
be accounted for by him. The administrator of the intestate has
not been made a party to this suit; nor could he, with propriety,
have been made a party solely for the purpose of obtaining a par-
tition of any of the personal estate in his hands; because the
power to make a distribution of the surplus of the personal estate
remaining in the hands of his administrator has been conferred
upon the Orphans' Court; with which this Court should not inter-
fere; except on account of some special circumstances to which
the powers of the Orphans' Court may not be altogether adequate.
186 Nothing of the sort has * been intimated in this case; and
therefore, as to the chattels real, mentioned in the bill, these
parties must be referred to the Orphans'Court to obtain the proper
distribution.

Decreed, that the real estate mentioned in the complainant's
bill, be sold; that that part of the complainant's bill which relates
to the chattels real therein mentioned, be, and the same is hereby
dismissed; that Eli Hewitt and Reziu D. Hewitt, be, and they are
hereby appointed trustees to make sale of the real estate, &c'

A sale was made accordingly, and the proceeds distributed.

WILLIAMS' CASE.

SALES OF INFANTS' ESTATES.—BY-BIDDERS OR PUFFERS.—VALUATION OF
LIFE-ESTATES.—DOT? OF TENANT FOR LIFE.

How far the Court has gone, upon general principles, or has been authorized
to go, by general or special legislative enactment, in applying the prin-
cipal of an infant's estate to his maintenance and education.