ART. 46] SALES BY COMMISSIONERS. 1199

then the estate shall be sold by the said commissioners agreeably to the
terms prescribed to them, disencumbered of any life estate of surviving
husband; and the court shall award to the surviving husband such pro-
portion of the purchase money as the said court shall think just and
equitable, in lieu of such tenancy for life; and in decreeing such pro-
portion of the said purchase money to the said tenant, the court shall be
directed by the age, health and condition of such tenant; and such
award of payment shall be sufficient to bar such tenant from all and
every right or title as such surviving husband.

This section referred to in discussing the rules laid down by various stat-
utes, for the valuation of life estates and estates in remainder. Distinction
drawn in this regard between dower and other life estates. Williams' Case,
3 Bl. 265.

1904, art. 40, sec. 59. 1888, art. 46, sec. 59. 1860, art. 47. sec. 59.
1820, ch. 191, sec. 36. 1898, ch. 457.

59. Whenever any person may be entitled as surviving husband
to an undivided part of the real estate of an intestate, and the commis-
sioners shall determine and so certify to the court in their return that
the said estate can not be divided without loss and injury to all the par-
ties concerned, the court shall preceed to award to such tenant such sum
of money as the court shall think just and equitable, in lieu of such
tenancy for life; and in decreeing such value to the said tenant, the
court shall be directed by the age, health and condition of such tenant;
and such award of value shall be sufficient to bar such tenant of all
rights as such surviving husband which such tenant may claim to the
lands and tenements of such intestate; and the person making the elec-
tion to take the estate at the valuation of the commissioners shall hold
the estate disencumbered by any tenancy of such surviving husband.

This section referred to in discussing the rules laid down by various
statutes for the valuation of life estates and estates in remainder. Distinc-
tion drawn in this regard between dower and other life estates. Williams'
Case, 3 Bl. 265.

Ibid. sec. 60. 1888, art. 46, sec. 60. 1860, art. 47, sec. 60.
1820, ch 191, sec. 37. 1898, ch. 457.

60. Tf any person shall become entitled as surviving husband to an
undivided part of the real estate of an intestate, after the return of
the commissioners, and before the sale or division thereof, the court
shall order that the commissioners shall alter or change their return:
and the commissioners shall, upon the service of the said order, proceed
to alter their return in such manner as that the surviving husband shall
come in for his proportionable share of the intestate's estate, with
those who by law may be entitled to take as heirs of the intestate.

This section referred to in discussing the rules laid down by various stat-
utes, for the valuation of life estates and estates in remainder Distinction
drawn in this regard between dower and other life estates. Williams' Case
3 Bl. 265.