HANNAH K. CHASE'S CASE. 235

without any, or with less disadvantage to all concerned. And the
said commissioners shall make return of their proceedings to this
court, as soon as may be, subject to its further order upon the
same. And to the said commission there shall be annexed the
usual oath of office.

And it is further decreed, that the defendants, Samuel Chase ,
Matilda Ridgely, and Ann Chase, pay unto the said Hannah K.
Chase, the plaintiff, one-third part of the rent reserved by the lease
to the said James Bryden, from the 19th of April 1811, (the day
of the death of the said late Samuel Chase,) until the expiration
of the said lease; and further, that the said defendants pay unto
the said plaintiff one-third part of the rents and profits of the said
property, in the proceedings mentioned, from the termination of
the said lease until the time of the said plaintiff's being put into
possession of her dower in the said premises.

And for the purpose of having an account taken of the said
rents and profits, it is further decreed, that this case be and the
same is hereby referred to the auditor, with directions to state an
account or accounts, from the proceedings and proofs in the case,
or from such other testimony as may be laid before him by the par-
ties. And it is further ordered, that each party on giving to the
other, or her, or their solicitor three days' notice, as usual, be and
they are hereby authorized to have testimony taken before the
commissioners appointed to take testimony in the city of Balti-
more, in relation to the rents and profits of the premises, to be
used before the auditor and the court; provided it be taken and
filed with the register on or before the first day of June next.

A commission was issued as directed by this decree, and the
commissioners in their return, filed on the 29th June, 1827, state a
mode in which it was practicable to have the dower specifically
assigned; but they say, they are unanimous in the opinion,
derived from a patient, careful and cautious examination, that the
location would tend te the manifest injury and disadvantage of the
parties; the property having been expressly constructed for a
tavern, &c. &c. But the defendants having appealed from this
decree, the Court of Appeals on the 25th July, 1828, dismissed the
bill with costs.