234 WILLIAMS' CASE.—3 BLAND.

of her dower, which is the matter now submitted for determina-
tion, there is a material difference between the rule prescribed by
the Acts of Assembly and the rule of this Court. I had, on con-
sidering this matter, thought it would be well to have but one
general rule, which should apply indiscriminately to all cases; and,
as the Court could not in any way depart from the express pro-
visions of the Act of Assembly, I suggested the propriety of ob-
taining from the General Assembly an Act, which should establish
such a general rule oi apportionment as would embrace all cases.
A move for that puipose was made in the Senate; Journal of the
Senate, 6th and 18th of February, 1826; and *a bill passed
219 accordingly; which however, failed in the House of Dele-
gates. After which, a case was determined in the Court of Ap-
peals, in which, that tribunal seems to have so highly approved of
the rule of this Court; Dorsey v. Smith, 7 H. & J. 34C; that I now
feel indisposed to alter it; although considered as the mere judi-
cial legislation of the Court, it might be presumed to be repealable
at its pleasure, until the matter .shall have attracted more atten-
tion, and become more fully understood. I shall, therefore, pass
the subject tor the present, without further consideration; and, as
I am bound to do, follow the legislative rule; 1810, ch. 154, s. 10;
in awarding to this widow an allowance out of the proceeds of the
sales already made, in lieu of her dower.

Ordered, that the said Susan F. Williams be and she is hereby
allowed one-seventh part of the net proceeds of the sales of the
property in the proceedings mentioned for and in lieu of her
dower.

The auditor reported, that he had examined the proceedings,
and stated an account in which the proceeds of sales, $35,977.50,
and the rents, $400.47, received by the trustee were applied, in the
first instance, to the payment of the trustee's allowance for com-
missions and expenses, the costs of suit, $1,192.89; the widow's
allowance, in lieu of dower, $4,969.23, and her proportion of the
rents, $133.49, and the balance was distributed among the de-
ceased's children, and heirs-at-law.

BLAND, C-, 31st July, 1829.—Ordered, that the foregoing report
of the auditor be and the same is hereby ratified and confirmed;
and the trustee is directed to apply the proceeds accordingly with
a due proportion of interest that has been or may be received.

Elizabeth C. Williams, one of these parties, by her petition
stated, that since the bill had been filed, and since her answering
thereto, she had arrived at her age of sixteen years, and had be-
come entitled to receive her proportion of the proceeds of the