2010 ARTICLE 46

An. Code, 1924, sec. 35. 1912, sec. 60. 1904, sec. 60. 1888, sec. 60. 1820, ch. 191, sec. 37.

1898, ch. 457.

36. 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 valua-
tion 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, 1924, sec. 36. 1912, sec. 61. 1904, sec. 61. 1888, sec. 61. 1820, ch. 191, secs. 38, 39.

1829, ch. 32. 1898, ch. 457.

37. 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, 1924, sec. 37. 1912, sec. 62. 1904, sec. 62. 1888, sec. 62. 1820, ch. 191, sec. 27.

38. 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. 39. 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;
Scher v. Becker, 163 Md. 203.

See art. 45, sec. 6; also art. 16, sec. 46, et seq.

An. Code, 1924, sec. 38. 1912, sec. 63. 1904, sec. 63: 1888, sec. 63. 1799, ch. 49, sec. 6.

1820, ch. 191, sec. 28.

39. 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, disencumbered 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 condition 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.