ART. 47. ] INHERITANCE.

of the said purchase-money to the said tenant, the court shall be di-
rected 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 by such curtesy.

413

59. Whenever any person may be entitled as tenant by the
curtesy to an undivided part of the real estate of an intestate, and
the commissioners shall determine and so certify to the court in
their return, that the said estate cannot be divided without loss and
injury to all the parties concerned, the court shall proceed to award
to such tenant such sum of money as the court shall think just and
equitable in lieu of such tenancy by the curtesy; 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 light by such curtesy which
such tenant may claim, to the lands and tenements of such intes-
tate; and the person making the election to take the estate at the
valuation of the commissioners, shall hold the estate disencumbered
of any tenancy by the curtesy.

Id s 59
1820, c 191 s 36.
Where curtesy
in undivided
part.

60. If any person shall become entitled as tenant by the cur-
tesy 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
tenant by the curtesy 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.

Id s 60
1820, c 191, s. 37.
Same.

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

Id s 61

1820, c 191 89.

38, 19, 1829, c 32.
Where life
estate in undi-
vided part

Remainder
after life estate.

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 pro-
ceed 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.

Id s 62
, 1820, c 191, s 27.
Dower to be
laid off
17 lid 231, 22
Md 42, 163, 38
Md. 265.

G3. In case of sale of the intestate's real estate by the commis-
sioners, 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 commissioners shall pro-
ceed to sell the whole real estate agreeably to the terms prescribed
to them, disencumbered by any right of dower, and the court shall

Id s 63
1799, c 49. 8 8,
1820, c 191, s 28.
May be sold
clear of dower
by consent
3 Bl 186.

Allowance in
lieu of dower