48 HUGHES' CASE.

Christopher Hughes, their father, died intestate and seized in fee simple
of sundry parcels of land and real estate lying said being in Baltimore
county and in Anne Arundel county, leaving a widow, Peggy Hughes,
and six children; that is to say, the said petitioners, who are both of
full age; and Peggy, who has intermarried with Samuel Moore; Louisa
Armistead, who heretofore intermarried with George Armistead, since
deceased; Mary, who has intermarried with Horatio G. Armstrong; and
Juliana, who has intermarried with Charles M Thruston; to whom the said
real estate has descended. And the said petitioners allege, that the par-
ties so entitled cannot agree upon a division thereof; they have therefore
prayed, that partition of the said estate may be made among the afore-
said heirs according to their several just proportions, agreeably to the act
of assembly in such case made and provided; which said prayer hath
been granted: and it being suggested to the Chancellor, that you are dis-
creet and sensible men within the said county; and the Chancellor having
great confidence in your prudence and integrity, hath therefore assigned,
commissioned, and appointed; and doth hereby assign, commission and
appoint you, or a majority of youj having first taken the oath hereto
annexed, to adjudge and determine whether the said estate will admit
of being divided without loss or injury to all the parties entitled, and to
ascertain the value of the said estate in lawful money, taking into con-
sideration any incumbrances thereon; and to ascertain the value of the
said estate subject to the incumbrances; and if the said estate can, in
your opinion and judgment, or in the opinion and judgment of a major-
ity of you, be divided without loss and injury to all the parties entitled,
then to divide and make partition of the same fairly and equally in value,
among all the parties interested, according to their several just propor-
tions; or if the said estate cannot be divided equally and fairly among
all the parties interested according to their several just proportions,
then you, or a majority of you, shall divide the estate into as many parts
as it is susceptible of, without loss and injury to all the parties entitled,
and ascertain the value of each part of such estate in lawful money,
subject to any incumbrance thereon; and if, in your opinion and judg-
ment, or in the opinion and judgment of a majority of you, the said estate
cannot be divided without loss or injury to all the parties, then you, or
a majority of you, shall make return to our Court of Chancery of your
judgment, and the reasons upon which the same was formed, and the
real value of the said estate in lawful money, subject to the incumbrance
if any thereon; and if you, or a majority of you, shall determine that the
said estate can be divided in either of the ways herein before mentioned,
without loss and injury to all parties, then you shall cause the lands to
be surveyed and laid out by the county surveyor, or such other person
as you may think qualified, for the several parties in case the estate
consists of lands; and if the said estate shall be equally divided among