368 HOWARD'S CASE.

the real estate with as little delay as the nature of the case may
require. This petition is entirely irregular and unsuited to what
appears to be the object in view. Whereupon it is Ordered, that
the petition be and the same is hereby dismissed with costs.

Afterwards, on the 2d of January, 1828, George Howard,
Benjamin C. Howard, William Howard, James Howard, Charles
Howard, and James Howard McHenry by his guardian and next
friend Charles Howard, filed their bill against William George Read
and Sophia his wife, and John Eager Howard, an infant, stating
that the parties were the devisees of the real estate of the late
John Eager Howard, as specified in his will. Whereupon the
plaintiffs prayed that a partition thereof might be made among
them.

The defendants Read and wife put in their joint answer, and the
infant defendant answered by his guardian. They all admitted the
facts as set forth in the bill, and united in praying for a partition.
The plaintiffs recommended commissioners on their part, and the
defendants having made a similar recommendation on their behalf,
the solicitors of the parties were heard as to a proper selection from
the persons put in nomination; and the case was submitted.

22d January, 1828.—BLAND, Chancellor.—The said case
standing ready for hearing, and being "submitted, the bill, answer,
and all other proceedings were, by the Chancellor, read and con-
sidered; and it appearing reasonable and proper, that partition
should be made of the said real estate as prayed;—

It is thereupon Decreed, that there be a partition of the real
estate whereof the late John Eager Howard died seized, among his
said devisees, the parties to this suit, in the manner and upon the
principles prescribed by his last will and testament; and for that
purpose, all the real estate of which the said testator died seized,
which may remain after the payment of his debts, shall be valued,
together with and including all the real estate which he may have,
at any time prior to the ninth day of October, in the year eighteen
hundred and twenty-seven, conveyed to any of his said children,
rating the same at its present value, and deducting therefrom the
value of the improvements which have been made upon such
property during its possession by said children; or while in the
possession of any other person claiming under them; and upon
such valuation, the whole shall be divided into eight parts. And
to the end that this court may be enabjed to make a just valuation