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WILLIAMS' CASE.
tion of the widow or particular tenant; and if the widow should
have married again it will be necessary that the testimony by affi-
davit should also identify, or shew her to be the same person under
a different name, claiming with her then husband, (h) And as the
valuation of the life interest is to be made as of the day of the sale
by which it is extinguished, the age, &c. of the particular tenant
should be shewn as of that day.
In this case the dower right to a part of the estate was extin-
guished by the sales made on the first day of May, 1829; and the
order of the 17th of July, 1829, was made on the affidavit of the
age, &c. of the widow as of that day of sale. But as the residue
of the estate was not sold, and the dower right thereby extin-
guished until the 17th of December, 1830; the age of the widow
had thus far advanced, and there might have been such a material
change in her health, &e. as would have made a great difference
in the amount to be awarded to her according to the Chancery
rule; and therefore, there should have been, according to that
rule, another affidavit as to her age, &c. But as this is a case
governed by the limited legislative rule, and no objection is made,
such further proof, as to her age, &c. as of the day of the last sale
may be dispensed with.
Considering the life interest as having been sold and extin-
guished by the sale of the whole; when that sale has been finally
ratified, the real estate is thereby converted, and the proceeds
thereof vested absolutely in those then entitled to them; and con-
sequently, if the particular tenant should die after that time, his or
her share of the proceeds, according to age, &c., on the day of
sale, will not, as the particular estate would have done, revert
or sink, but go to the assignee or legal representatives of the
deceased particular tenant, (t)
Whereupon it is Ordered, that the foregoing report of the audi-
tor be, and the same is hereby ratified and confirmed; and the
trustee is directed to apply the proceeds accordingly, with a due
proportion of interest.
{h) Greenwood v. Clarke, ante 268,—(i) Maccubbin v. Cromwell, 2 H. & G.
448; John Carr and others v. Richard Watkins and others, 12 June, 1838.—M. S.
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