1820.

LAWS OF MARYLAND.

CHAP. 191.

Entails, &c. not
to be affected, &c.
nor any widow's
right of dower.

into the common stock or hotchpot, if there be another child or
children unprovided for.
6. And be it enacted, That nothing herein contained shall be
construed or taken to alter, or in any manner change the course
of descent, as heretofore used and established, so as to affect the
case of any entail, or limitation in tail whatever, made, created
and in being, before the first day of January 1788, but the same
shall, during the continuance of the estate in tail or limitation in
tail, and until the same, may be legally destroyed or barred, de-
scend according to the course of descent heretofore used and es-
tablished, nor shall any thing herein be taken or construed to in-
terfere with or alter any limitation, grant or gift, by devise, con-
veyance or otherwise, to special or particular heirs in a different
course of descent from what is by this act specified, but in such
cases the descent shall be according to the limitation or form of
the gift, devise or grant, until the entail shall be legally barred
or destroyed; nor shall this act, or any thing therein contained,
be taken or construed to bar or affect any widow's right of dower.

Certain children
legitimized, &c.

7. And be it enacted, That if any man shall have a child or
children by any woman whom he shall afterwards marry, such
child or children, if acknowledged by the man, shall in virtue of
such marriage and acknowledgment, be hereby legitimated, and
capable in law to inherit and transmit inheritance, as if born in
wedlock.

Where parties
cannot agree upon
division of intes-
tate's estate, or
any person enti-
tled to a part be
a minor, commis-
sion may issue for
dividing estate,
&c.

8. And be it enacted, That in case the parties entitled to the in-
testate's estate cannot agree upon the division thereof, or in case
any person entitled to any part be a minor, an application may
be made to the county court of the county where the estate lies,
and the court shall appoint and issue a commission to five dis-
creet, sensible men, to be commissioners, authorising and empow-
ering them, or a majority of them, to proceed . in the premises,
according to the directions of this act, and in all respects conform
to, and comply with, the provisions thereof; and the said com-
missioners, or a majority of them, before they proceed to act,
shall severally take an oath or affirmation, (to be annexed to the
said commission,) before some justice of the peace of the county,
or other person authorised to administer an oath, well and faith-

Oath of commissi-
oners.

fully to perform the duties required of them by the commission,
and all duties assigned to them under this act, and that they will
proceed in the execution and completion of the said commission,
without favour, partiality or prejudice, and according to the best

Commissioners to
determine whe-
ther estate will ad-
mit of being di-
vided, &c.

of their judgment and understanding; and the said commissioners,
or a majority of them, shall adjudge and determine whether the
estate will admit of being divided without injury and loss to all
the parties entitled, and to ascertain the value of such estate in
current money, taking into consideration any incumbrance there-
on, and ascertain the value of the estate subject to the incum-

If estate can be
divided, then par-
tition to be made.

brance; and if the estate can, in the opinion and judgment of the
commissioners or a majority of them, be divided without loss
and injury to all the parties entitled, then they shall divide and
make partition of the same, fairly and equally in value, between
all the parties interested, according to their several just propor-
tions; or if the estate cannot be divided equally and fairly between
all the parties interested, according to their several just proper-