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WILLIAMS* CASE,
one-seventh; if above forty and under forty-five, two-fifteenths; if
above forty-five and under fifty-one, one-eighth; if above fifty-one
and under fifty-six, one-ninth ;\ if above fifty-six and under sixty-
one, one-tenth; if above sixty-one and under sixty-seven, one-
twelfth; if above sixty-seven and under seventy-two, one-fifteenth;
if above seventy-two and under seventy-seven, one-eighteenth; if
above seventy-seven, one-twentieth of the net proceeds.'
There being no difference between a tenant in dower and any
other tenant for life; except, that the one is entitled to no more
than a third and the other is entitled to the whole for life; and
there having been no distinction made in relation to this matter
between particular tenants who are and those who are not punish-
able for waste. And the rule of this court, in relation to dower,
being a much nearer approximation to truth and justice than that
of the Legislature; and having been approved of by the Court of
Appeals, and directed to be applied, by analogy, to ascertain the
present value of a reversionary payment, it has been deemed pro-
per to follow out its principles, and to consider it as a general rule
in regard to estates for life in land, and life interests of all descrip-
tions, other than dower, or those embraced by any legislative rule,
of which this court may be called upon to ascertain the present
value; that is to say,
The allowance to a healthy person in lieu of his or her life inte-
rest in the whole to be as follows; if under thirty years of age,
one-half; if above thirty and under thirty-six, nineteen-fortieths;
if above thirty-five and under forty, eleven-twenty-fifths; if above
forty and under forty-five, two-fifths; if above forty-five and under
fifty-one, three-eighths; if above fifty-one and under sixty-six,
one-third; if above fifty-six and under sixty-one, three-tenths; if
above sixty-one and under sixty-seven, one-fourth; if above sixty-
seven and under seventy-two, one-fifth; if above seventy-two and
under seventy-seven, one-sixth; if above seventy-seven, three-
twentieths of the net proceeds.
In all cases where there is a widow, or particular tenant who
wishes to obtain a proportion of the proceeds of sale in lieu of
inch life interest, it has hitherto been and must still be regarded
as the practice, that before the case can be sent to the auditor to
state an account distributing the proceeds, such particular tenant
should bring the case before the court by petition, by motion, or
by submitting it to the Chancellor, with an affidavit of some dis-
interested and credible witness stating the age, health, and condi-
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