1841.

LAWS OF MARYLAND.

chap. 247.

and parcels of land, and of one undivided moiety or half
part of one other tract or parcel of land, leaving four chil-
dren his heirs at law, that the said Sarah Winchester, for-
merly Sarah Murphy, died seized in fee in one undivided
half part of the said tract or parcel of land, (of which the
aforesaid Thomas Murphy died seized in fee of the other
undivided half, ) devising the same to the said four children
of him the said Thomas Murphy and of her the said Sarah
Winchester, formerly Sarah Murphy; and whereas, it is
further represented that the said Philemon T. Murphy, has
arrived at the age of twenty-one years, and is desirous of
getting a division of the said estates; and whereas, it is re-
presented that the said estates conjointly can be divided to
advantage into four parts, and without loss or injury to any
of the parties concerned, but that the same may not be ca-
pable of being divided equally and fairly in value, between
all the parties interested, and it may be necessary to tax one
or more divisions to equalize the same—therefore,

County court
to issue com-
mission

Section 1. Be it enacted by the General Assembly of
Maryland, That the county court of Queen Anne's county,
be and is hereby authorized and empowered on application
by any of the said children and heirs at law of Thomas
Murphy and devisees of Sarah Winchester, late Sarah Mur-
phy, of Queen Anne's county, deceased, being of Full age
or of other persons concerned, to issue a commission to di-
vide the real estate which descended to Philemon T. Mur-
phy, Thomas Murphy, Anna Maria Murphy and James Mas-
Bey Murphy From their Father Thomas Murphy, and also the
estate which was devised to them by their mother Sarah
Winchester, formerly Sarah Murphy, in the same manner
as if the said estates had been derived from one common an-
cestor, and according to the provisions of the acts of Assem-
bly entitled, an act to amend and reduce into one system the
law to direct descents, and the several supplements thereto.

Court may
make allot-
ment

Sec. 2. And be it enacted, That if the said estates con-
jointly, will not admit of being divided fairly and equally in
value, between all the parties entitled according to their se-
veral just proportions without loss or injury to all interested,
but that the said estates will admit of being divided into as
many parts as there are persons entitled to advantage, and
without loss and injury as aforesaid, then the said Queen
Anne's county court, be and is hereby authorized and em-
powered to make allotment of the said divisions to the re-
spective heirs at law and devisees, and to tax the division or
divisions of greater value, and assign the sum of money so
taxed thereon or a part thereof, to the division or divisions
of less value, so as to equalize all the said divisions, to be