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200 WILLIAMS' CASE.
tageous to the ward, might allow the guardian to exceed the
income of the estate; to cut down and sell wood, to make use of
the principal; and to sell a part of it; provided, that no part of
the real estate should, on account of such maintenance, or educa-
tion, be diminished without the approbation of the Court of Chan-
cery as well as of the Orphans Court, (e)
By a special estate act, passed before the act to direct descents,
after reciting, that three hundred and fifty acres of land had de-
scended to the five daughters of John Worthington, deceased, as
his heirs in co-parcenary; and that their mother, also then dead,
had, by her will, directed her real estate to be sold, and the money
arising from the sale to be put out at interest for their benefit;
that one of the co-parceners was married to John Cradock, who
claimed a partition; but, that a partition of so small a parcel of
land would lessen the value, and be detrimental to the interests of
the co-parceners, it was directed, that the land which had so de-
scended should be sold, that part of the money, arising from the
sale, should be paid to such of the parceners as were married, or
of lawful age, to receive the same; and, that the residue should
be put out on interest for the benefit of the other co-parceners,
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(e) 179S, ch. 101, sub ch. 12, s. 7 and 10; Brodess v. Thompson, 2 H. & G. 120.
GOLTIER'S CASE.—This petition was filed on the 18th of December, 1810, by
John Goltier, in the Orphans Court of Cecil county; and was soon afterwards,
with the proceedings thereon in that court, removed to and filed here. The petition
stated, that the petitioner had two children, by his late wife, who were infants; that
in right of their mother, they had become entitled, by descent, to an undivided in-
terest in a grist-mill, and about one hundred and forty acres of land; that after
consulting with the petitioner, the other heirs, deeming it highly advantageous to
all concerned, had contracted to sell the property to Alexander Scott for $6,424 25.
Whereupon the petitioner prayed, that he might be enabled to convey the estate to
the purchaser on behalf of his children, inasmuch as he verily believed, that such a
sale would much promote the interest and welfare of his said children, and enable
him to educate and support them more to their advantage than if no such sale were
made.
12th December, 1810.—By the Orphans Court.—On due consideration of the alle-
gations contained in the within petition, the court is of opinion, that the sale prayed
for is to the advantage of the aforesaid Francis and Elizabeth, and should be con-
firmed; and that the petitioner John Goltier be authorized to make a conveyance of
that part of his wards' real estate which they have by descent from their cousin
Jonathan Booth, and mentioned in the within petition. In testimony whereof, I
have hereunto set my hand and seal of office, this twelfth day of December, in the
year of our Lord eighteen hundred and ten. David Smith, register.
18th December , 1810.—KILTY, Chancellor,—Under the power vested in this court
by the act of 1798, ch. 101, sub ch. 12, s. 10, the above order of the Orphans Court
is approved.—Chancery Proceedings, 18lO,fol. 563.
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