CHANCERY 561

A widow must either consent to a sale free of her dower and accept what is given
by this section, or else the property must be sold subject to her dower under sec. 50.
This section covers all cases where the widow consents to a sale free of dower. Stein v.
Stein, 80 Md. 308.

Where the husband's lands which were subject to dower have been sold, the widow
or her assignee will be allowed a part of the fund in lieu of dower. Maccubbin v.
Cromwell, 2 H. & G. 443.

This section referred to in estimating the value of a life estate. Williams' Case, 3 Bl.
266. And see Ridgely v. Iglehart, 3 Bl. 546; Abercrombie v. Riddle, 3 Md. Ch. 323;
Peyton v. Ayres, 2 Md. Ch. 64; Goodburn v. Stevens, 1 Md. Ch. 420; Dorsey v. Smith,
7 H. & J. 366; Williams' Case, 3 Bl. 210, etc.

See art. 46, sec. 39.

See notes to sec. 50.

An. Code, 1924, sec. 46. 1912, sec. 45. 1904, sec. 44. 1888, sec. 44. 1839, ch. 23.

49. In all suits by joint owners to sell lands, the court may decree a
sale free from the claim of dower by the wife of any of the parties.

The fact that the words in the act of 1839, ch. 23, "she being made a party to the
proceedings, either complainant or defendant," do not appear in the Code, commented
on in raising the question as to whether the widow is required to be made a party to
partition proceedings under sec. 159. The proceedings, however, must be conducted in
substantial compliance with sec. 159; proceedings held defective. Mitchell v. Farrish,
69 Md. 238.

It is not clear that prior to this section a decree for partition did not bar dower; if
the wife is a party to the partition proceedings, her dower is barred. Rowland v.
Prather, 53 Md. 240; Warren v. Twilley. 10 Md. 50.

Act of 1839, ch. 23, referred to as in pari materia, and to be construed together, with
act of 1785, ch. 72—see sec. 159. Billingslea v. Baldwin, 23 Md. 115.

See notes to sec. 50.

See sec. 159 and notes.

An. Code, 1924, sec. 47. 1912, sec. 46. 1904, sec. 45. 1888, sec. 45. 1816, ch. 154, sec. 11.
1820, ch. 191, sec. 27. 1880, ch. 222.

50. Where there is a decree for the sale of lands, and a widow is entitled
to dower therein, and will not consent to a sale of her dower, the court may,
if it appears advantageous to the parties, appoint five commissioners to
assign and lay off the dower of such widow; and any person holding land
by descent, devise or purchase, subject to a widow's dower therein, may
apply to the court sitting in chancery for the assignment of such dower, and
the court thereupon shall appoint five commissioners to assign and lay off
the same, subject in either case to confirmation or rejection by the court.

This section referred to in construing sec. 48—see notes thereto. Stein v. Stein, 80
Md. 309.

Surviving wife entitled to have her dower assigned and laid off, if susceptible of
division, without the encumbrance of a deed fraudulently made by the husband in
order to defeat, by way of anticipation, her prospective inchoate right to dower therein.
Scher v. Becker, 163 Md. 199.

See art. 46. sec. 38.

Examination of Insolvents.

An. Code, 1924, sec. 47A. 1933, ch. 201.

51. Whenever any assignment is made for the benefit of creditors by
any person, firm or corporation, and the Court assumes jurisdiction thereof,
and whenever a receiver is appointed by any Court of equity for any
insolvent firm or corporation, the Court, upon the petition of any two or
more creditors, shall by order refer the cause to one of the standing com-
missioners or examiners of the Court, who shall, at the request of said
creditors, fix a day for the holding of a hearing for the examination of
said insolvent person, firm or corporation, and shall summon said insol-
vent individual, the members of the firm or the officers of the corpora-
tion, as the case may be, to be examined fully as to the condition and