1200 INHERITANCE. [ART. 46

1904, art. 46, sec. 61. 1888, art. 46, sec. 61. 1860, art. 47, sec. 61.
1820, ch. 191, secs. 38, 39. 1829, ch. 32. 1898, ch. 457.

61. Where any person is entitled by deed or devise to a life estate
in an undivided part of the real estate of an intestate, the same pro-
ceedings shall be had as are directed by this article with regard to
surviving husbands; and where any person is entitled by deed or devise
to the remainder after such life estate, the same proceedings shall be
had as are directed by this article where a person- is entitled to an undi-
vided part of an intestate's estate subject to a tenancy by a 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.

Ibid. sec. 62. 1888, art. 46, sec. 62. 1860, art. 47, sec. 62.
1820, ch. 191, sec. 27.

62. The commissioners, or a majority of them, shall ascertain and
lay off the widow's dower in and to the lands and tenements of the
intestate, by virtue of their commission, before they shall proceed to
divide or value the same; and the said commissioners shall make the
ascertainment and location of such dower a part of their return to
such commission; and the court shall determine thereon, and confirm
or reject the same, as in other cases.

This section expressly requires dower to be laid off and assigned before par-
tition among the heirs, unless sale be had with the widow's consent under
section 63. Phelps v. Stewart, 17 Md. 240. And see Childs v. Smith, 1 Md.
Ch. 487.

Where lands are divided in kind, the widow can not be assigned a portion
of the land equal to her dower In the whole. Wilhelm v. Wilhelm, 4 Md.
Ch. 334.

Cited but not construed in Stein v. Stein, 80 Md. 309; Stallings v. Stallings,
22 Md. 47.

See art. 45, sec. 6; also art. 16, sec. 42, et seq.

Ibid. sec. 63. 1888, art. 46, sec. 63. 1860, art. 47, sec. 63.
1799, ch. 49, sec. 6. 1820, ch. 191, sec. 28.

63. In case of sale of the intestate's real estate by the commissioners,
if the widow will consent to the sale, she shall signify and subscribe her
consent in writing, and the same shall be filed with the clerk of the
court, and thereupon the said commissioner shall proceed to sell the
whole real estate, agreeably to the terms prescribed to them, disen-
cumbered of any right of dower, and the court shall award to the
widow such proportion of the purchase money as shall be just and
equitable, not exceeding one-seventh part nor less than one-tenth part
of the net amount of the sales, according to the age, health and condi-
tion of such widow, and such award of payment shall be a sufficient bar
to all right of dower which such widow may claim in said lands.

The widow has an option to consent to the sale or not; she can not be
coerced. If, however, she agrees to the sale, she can claim no more, and
must be given nothing else, than this section allows her. Stein v. Stein, 80
Md. 310 (explaining Maccubbin v. Cromwell, 2 H. & G. 443). And see Phelps
v. Stewart, 17 Md. 240.