ART. 46.] INHERITANCE—SALES BY COMMISSIONERS. 823

decreeing such proportion of the said purchase money to the said
tenant, the court shall be directed by the age, health and con-
dition of such tenant; and such award of payment shall be suffi-
cient to bar such tenant from all and every right or title by such
curtesy, or as such surviving husband.

P. G. L., (1860,) art. 47, sec. 59. 1820, ch. 191, sec 86

59. Whenever any person may be entitled as tenant by the
curtesy or as surviving husband 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, or such tenancy for life; 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 right by such curtesy,
or as such surviving husband, which such tenant may claim to the
lands and tenements of such intestate; and the person making
the election to take the estate at the valuation of the commis-
sioners, shall hold the estate disencumbered by any tenancy by
the curtesy.

Ibid. sec. 60. 1820, ch. 191, sec. 37.

60. If any person shall become entitled as tenant by the
curtesy or 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 com-
missioners shall, upon the service of the said order, proceed to
alter their return in such manner as that the tenant by the
curtesy or 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.

Ibid sec. 61. 1820, ch 191, secs. 38-39. 1829, ch. 32.

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 proceedings shall be had as are directed by this article with