276 WILLIAMS' CASE.—3 BLAND.

widow, according to her age, health, and condition, is declared to be
the rule in cases, like the present, where lands are sold for the benefit
of infants; 1816, ch. 154, s. 10; as well as in those eases where the
Court is authorized to sell the realty in order to save the personalty.
1818, ch. 193, s. 8; 1819, ch. 143. Dower is a life interest in one-third
of a real estate; and, considered merely as such, it would seem neces-
sarily to follow, that a similar rule and limited range of discretion
might have been laid down for fixing the value of a life interest in
the whole estate, as well as in the one-third of it only. But, in
amending the Act to Direct Descents, so as to provide for allowing
an equivalent value to tenants by the curtesy, and to tenants for
life, claiming by deed or devise, it was declared, that there should
be awarded to such tenants for life such proportion of the purchase
money as the Court, upon consideration of the age. health, and
condition of the tenant for life, should think just and equitable in
lieu of such life estate, thus leaving the Court's range of discre-
tion entirely unlimited. 1809. ch. 160, s. 4; 1810, ch. 25. s. 2; 1811,
ch. 200, s. 2; 1812, ch. 181, s. 1. And these amendment have
been engrafted into the existing general Act to Direct Descents,
without any material alteration. 1820, ch. 191, s. 35, 36, 37 and
38.

There is nothing in any of these laws, which shews, that in
estimating the value of a life interest in land any separation or dis-
tinction was distinctly directed to be made between that portion of
the purchase money of the whole which should be regarded as the
price of the life interest only, and that which was to be considered
as the price of the remainder or reversion. But such a distinction
does not seem to have been altogether lost sight of in all the laws
in relation to this matter; for it is declared, that upon a sale of a
reversion belonging to an infant, with the assent of the tenant for
life, the Court shall order the annual interest, or such part thereof
as maybe deemed equitable to be paid over to such tenant for life
during his life. (1816, ch. 154, s. 13, which Act has been explained
and extended to remainders by 1831, ch. 311, s'. 9.) Whence it
is, clear, that the Legislature has not deemed it just in every in-
stance to award to the tenant for life * all the annual interest,
267 ,as it may arise, from the whole purchase money, including
that proportion of it which must be considered as the price of the re-
version, as well as of that which may properly be regarded as the
price of the life estate. Apart from these legislative enactments
in relation to these specified estates for life in land; and as regards
all other life interests in land, annuities for life, &c. the Courts
of justice have been left without any positive or general rule
as their guide, to adjust the value of life interests, when called
upon, as they could according to the general principles of law and
justice.