HOWARD'S CASE.

and partition thereof, in -the manner above mentioned, it is ordered,
that a commission issue to Joseph W. Patterson, George Hodman,
Solomon 'Etting, James Mosher, and Stewart Brown, of the city of
Baltimore, authorizing them, or any three of them, to go upon,
walk over, and survey the said real estate and property in the
proceedings mentioned, and to value and divide the same in the
manner above mentioned, according to the rights and interests of
the respective parties; that is to say, the said commissioners, or
any three of them, shall divide the same among the said George
Howard, Benjamin C. Howard, William Howard, James Howard,
Sophia Read the wife of William 'George Read, Charles Howard,
James Howard McHenry, and John Eager Howard, who are the
children, or grandchildren and devisees of the said testator; allot-
ting to each one of them so much and such a proportion of the
real estate of which the said testator died seized, as, together with
that which the said testator conveyed to them, or any of them, the
said devisees as aforesaid, will be equal in value to one-eighth part
of the whole of the said real estate herein directed to be valued,
having regard to quantity and quality, and deducting the value of
improvements as above mentioned. But the said commissioners
are not to include in the said valuation and division, any real estate
of the said testator for which he may have given bonds of convey-
ance, or which he has sold, or contracted to sell, and for which his
executors are authorized to execute all necessary deeds to complete
such contracts as are mentioned in his said last will and testament.
And that the said commissioners be directed, in the commission, to
make out a plot and certificate of .the said real estate; and of the
divisions thereof, and an accurate description of the same and of
the several parts thereof, and the value of each; and to the said
commission there shall be annexed, as usual, an oath of office.

After which the commissioners made a return, that they had
made partition of the real estate in pursuance of this decree, which,
with the consent of the parties, was confirmed by a final decree in
the usual form, awarding to each one of the eight devisees one

share to be held in severally.

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