1300 INHERITANCE. [ART. 46

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 sjich 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 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 valua-
tion of the commissioners shall hold the estate disencumbered
by any tenancy of such surviving husband.*

1888, art. 46, see. 60. 1860, art 47, sec. 60. 1820, ch. 191, sec 37.
1898, ch. 457.

60- 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 commissioners shall,
upon the service of the said order, proceed to alter their return
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.

Ibid sec 61 1860, art. 47, sec. 61. 1820, ch 191, secs. 38, 39. 1829, ch.

32 1898, ch. 457.

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 regard to surviving husbands; 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 undi-
vided part of an intestate's estate subject to a tenancy by a
surviving husband.

Ibid, sec 62. 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 tene-
ments 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

Phelps v. Stewart, 17 Md. 231. Stein v. Stem, 80 Md. 309.

* See ante art. 16.