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WILLIAMS' CASE. 219
a bill passed accordingly; which however, failed in the House of
Delegates. After which, a case was determined in tie Court of
Appeals, in which, that tribunal seems to have so highly approved
of the rule of this court, (o) that I now feel indisposed to alter it;
although considered as the mere judicial legislation of the court, it
might be presumed to be repealable at its pleasure, until the mat-
ter shall have attracted more attention, and become more fully
understood. I shall, therefore, pass the subject for the present,
without further consideration; and, as I am bound to do, follow
the legislative rule, (p) in awarding to this widow an allowance
out of the proceeds of the sales already made, in lieu of her dower.
Ordered, that the said Susan F. Williams be and she is hereby
allowed one-seventh part of the net proceeds of the sales of the
property in the proceedings mentioned for and in lieu of her dower.
The auditor reported, that he had examined the proceedings,
and stated an account in which the proceeds of sales, f 35,977 50,
and the rents, $400 47, received by the trustee were applied, in the
first instance, to the payment of the trustee's allowance for com-
missions and expenses, the costs of suit, $1,192 89; the widow's
allowance, in lieu of dower, ,$4,969 23, and her proportion of the
rents, $133 49, and the balance was distributed among the de-
ceased's children, and heirs at law.
31st July, 1829.—BLAND, Chancellor.—Ordered, that the fore-
going report of the auditor be and the same is hereby ratified and
confirmed: and the trustee is directed to apply the proceeds ac-
cordingly with a due proportion of interest that has been or may
be received.
Elizabeth C. Williams, one of these parties, by her petition
stated, that since the bill had been filed, and since her answering
thereto, she had arrived at her age of sixteen years, and had be-
come entitled to receive her proportion of the proceeds of the
sales; and prayed that the amount might be directed to be paid
to her, &c.
21st August, 1829.—BLAND, Chancellor.—Ordered, that the
share of so much of the balance of the money, now in court, as
the said Elizabeth C. Williams is entitled to, be paid to her as
prayed by the foregoing petition, (q)
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(o) Dorsey v. Smith, 7 H. & J. 346.—(p) 1816, ch. 154, s, 10.
(q) When this order was passed, the law declared,'that every female orphan
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