226 WILLIAMS' CASE.—3 BLAND.

writing shall be filed. 1819, ch. 183, s. 2. But, in this instance,
no separate express consent in writing of this widow can be
deemed necessary to be filed before the decree or sale; because
she herself is the petitioner who presents herself here as the
widow of the deceased owner of the estate; and also as the guar-
dian of his four iniant children to whom it had descended, and
for whose interest and advantage she prays to have the whole of
it sold; and, therefore, her consent is thus as clearly given by her
written petition, as if it had been distinctly expressed by a sepa-
rate instrument of writing.

Decreed, that the lands and premises in the proceedings men-
tioned be sold, that Richard Potts be appointed trustee to make
the sale, &c. having first given three weeks public notice inserted
in such newspaper or papers as he shall deem proper, of the time,
place, manner, and terms of sale; which shall be as follows: one-
third of the purchase money to be paid in one, and one other
third in two years, and the residue in three years from the day of
sale, with legal interest on the whole from the day of sale; the
purchase money to be secured by bond with surety to be approved
by the trustee, &c.

After which the trustee, by his petition, asked leave to suggest
to the Chancellor an alteration of the terms of sale prescribed by
the decree, with a hope and under a belief, that the interests of
the parties would be promoted by requiring a part of the purchase
money to be paid in hand, and an extension of the time of pay-
ment of the balance; because much of the value of the estate de-
pended upon the improvements upon it, consisting mainly of a
costly mansion, and a large and very extensive mill; the loss of
either of which, by fire, would impair the whole value of the estate
to such a degree as to reduce the security contemplated by the
reservation of the title until the whole purchase money was paid;

* and further. because the habit of purchasers in said county

211 is consistent with the payment of a third, or a fourth of the
amount, and the extension of the credit for the residue would
operate as an incentive to a more liberal competition among bid-
ders who may be equal in general ability, but greatly differ in
their facilities to command large sums at pleasure. He therefore
submitted, that the decree should be so modified as to require one-
fourth to be paid in hand, and the balance in five or six annual
payments, to bear interest from the day of sale, and be secured by
bond with surety.

BLAND, C., 7th June, 1828.—This case having been again pre-
sented for further consideration, as to the terms of the sale, the
proceedings were read and considered. The petitioner avers, that
the amount for which the estate would sell, by a judicious invest