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210 WILLIAMS' CASE.
by the commissioners, taken together, form a sufficient ground for
a decree for a sale as called for on behalf of its infant owners.
The law declares, that, in cases like this, if there be a widow
and she assents to a sale of the whole estate, she shall signify her
consent in writing, and the same shall be filed with the register;
and thereupon the trustee shall proceed to sell the whole estate
disencumbered of her right of dower, (y) And as to other cases
it is declared, that before any sale of land shall be decreed, to
affect the interest of a widow, her consent in writing shall be
filed, (z) But, in this instance, no separate express consent in
writing of this widow can be deemed necessary to be filed before
the decree or sale; because she herself is the petitioner who pre-
sents herself here as the widow of the deceased owner of the
estate; and also as the guardian of his four infant children to
whom it had descended, and for whose interest and advantage she
prays to have the whole of it sold; and, therefore, her consent is
thus as clearly given by her written petition, as if it had been dis-
tinctly expressed by a separate instrument of writing.
Decreed) that the lands and premises in the proceedings men-
tioned be sold, that Richard Potts be appointed trustee to make
the sale, &c. having first given three weeks public notice inserted
in such newspaper or papers as he shall deem proper, of the time,
place, manner, and terms of sale; which shall be as follows: one-
third of the purchase money to be paid in one, and one other third
in two years, and the residue in three years from the day of sale,
with legal interest on the whole from the day of sale; the purchase
money to be secured by .bond with surety to be approved by the
trustee, &c. _____________
After which the trustee, by his petition, asked leave to suggest
to the Chancellor an alteration of the terms of sale prescribed by
the decree, with a hope and under a belief, that the interests of
the parties would be promoted by requiring a part of the purchase
money to be paid in hand, and an extension of the time of pay-
ment of the balance; because much of the value of the estate
depended upon the improvements upon it, consisting mainly of a
costly mansion, and a large and very extensive mill; the loss of
either of which, by fire, would impair the whole value of the estate
to such a degree as to reduce the security contemplated by the
reservation of the title until the whole purchase money was paid;
(y) 1816, ch, 154, s. 10.—(z) 1819, ch. 183, s. 2.
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