INHERITANCE. 1721

intestate; and the person making the election to take the estate at the valu-
ation of the commissioners shall hold the estate disencumbered by any
tenancy of such surviving husband.

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

An. Code, sec. 60. 1904, sec. 60. 1888, sec. 60. 1820, ch. 191, sec. 37. 1898, ch. 457.

35. If 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 commis-
sioners shall, upon the service of the said order, proceed to alter their re-
turn 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 rules laid down by various statutes, for
valuation, of life estates and estates in remainder. Distinction drawn in this regard
between dower and other life estates. Williams' Case, 3 Bl. 265.

An. Code, sec. 61. 1904, sec. 61. 1888, sec. 61. 1820, ch. 191, secs. 38, 39. 1829, ch. 32.

1898, ch. 457.

36. 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 proceedings
shall be had as are directed by this article with regard to surviving hus-
bands; 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 undivided part of an in-
testate's estate subject to a tenancy by a surviving husband.

This section referred to in discussing rules laid down by various statutes for valu-

ation of life estates and estates in remainder. Distinction drawn in this regard

between dower and other life estates. Williams' Case, 3 Bl. 265.

An. Code, sec. 62. 1904, sec. 62. 1888, sec. 62. 1820, ch. 191, sec. 27.

37. 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 partition
among the heirs, unless sale be had with widow's consent under sec. 38. Phelps v.
Stewart, 17 Md. 240. And see Childs v. Smith, 1 Md. Ch. 487.

Where lands are divided in kind, widow cannot be assigned a portion of 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. 43, et seq.