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The Maryland Code, Public General Laws, 1888
Volume 389, Page 824   View pdf image
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824 INHERITANCE—SALES BY COMMISSIONERS. [ART. 46.

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 proceedings 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.

P. G. L., (1860,) art. 47, sec. 62. 1820, ch. 191, sec. 27.

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
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 deter-
mine thereon, and confirm or reject the same, as in other cases.

Phelps v. Stewart, 17 Md. 231.

Ibid. sec. 63. 1799, ch 49, sec. 6. 1820, ch 191, sec. 28.

63. In case of sale of the intestate's real estate by the com-
missioners, 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 commis-
sioners 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 exceed-
ing 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.

Ibid, sec 64. 1820, ch. 193, sec. 23. 1886, ch 220.

64. The court shall, in its discretion, allow each commissioner,
for every day he shall necessarily attend in the execution of such
commission, a sum of money not exceeding two dollars per day,
and to the surveyor employed by them, (when necessary,) a sum
not exceeding six dollars per day for himself and chain-carriers,
and such other expenses as they may deem reasonable and proper;
all which allowances and expenses, together with the fees on the
issuing and return of such commission, shall be paid by the

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 824   View pdf image
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