366 HOWARD'S CASE.

execution under which the sale was made was returnable, is taken
to be a sufficient allowance of time to provide for his safety.

It is thereupon Ordered, that a writ in the nature of a writ of
habere facias possessionem issue as prayed, according to the pro-
visions of the act of Assembly in such case made and provided.

A writ of habere facias possessionem was accordingly issued and
a return made upon it by the sheriff, that Mr. Wills, as agent of
Campbell & Ritchie, had been put in possession.

HOWARD'S CASE,

A direction by a testator in his will, that his estate shall be valued and divided among
his devisees by persons to be appointed by the Chancellor, amounts to no more
than saying, that a partition may be obtained by bill in chancery; it cannot autho-
rize a judicial proceeding exparte by any of the devisees.

The recommendations of the parties and their solicitors may be heard as to the
persons most suitable to be appointed commissioners to make partition of the estate.

George Howard and Benjamin C. Howard, the sons and execu-
tors of John Eager Howard, deceased, by their petition, filed on
the 16th of November, 1827, stated, that their father had, by his
last will, made on the 9th of October, 1827, devised his real estate
to be divided among his descendants, as therein set forth; that
they had made some progress in the payment of the debts of the
deceased; and that although they had not fully satisfied all his
creditors, yet as from the great difficulty in making a division of a
large estate, situated as was that of the deceased, much delay must
arise, they had deemed it advisable to apply, at once, for the
appointment of commissioners, who might commence immediately
to make the necessary preparatory examinations, &c. Whereupon
they prayed, that commissioners might be appointed, &c.

So much of the will of the late John Eager Howard as is mate-
rial to this case, is in these words: " It is my will and desire, that
all my real estate which may remain after the payment of my debts,
should be valued by persons to be appointed by the Chancellor of
the State of Maryland; in which valuation shall be included all the
real estate which I may at any time heretofore have conveyed to
any of my children; rating the same at its present value, and