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but that doubts being entertained of the effect of that decree towards
the complete and beneficial execution of the said trust, by reason of
the situation of the said James P. Boyd, the want of proper par-
ties, and of the appointment of a trustee in his place, as also the
unavoidable absence of a provision relative to the sale of the right
of dower of Ellen M'Mechen, wife of the said William M'Mechen,
in consequence of all which the other trustee in the said deed is un-
willing to act under the said decree; wherefore they pray a law may
be passed empowering the chancellor, or Baltimore county court,
upon bill or petition, and the answers of all the parties of the said
trust deed, who shall not be complainants or petitioners, and upon
hearing the allegations and proofs, (if any shall be ottered.) to make
another and a more effectual decree, and that the first may, with the
assent of the parties the veto, be vacated and annulled, and that
suitable provision may be made in the new decree, with the consent
of the said Ellen M'Mechen, in writing, for the sale of her dower
interest in the said trust property, (by which the proceeds thereof
will be enhanced.) and for a just and adequate compensation to be
made to her for such interest either out of the said proceeds, or out
of the property itself, as to the court shall seem best for the advan-
tage of all concerned; and the prayer of the said memorial appear-
ing to be reasonable, therefore,
1. Be it enacted, by the General Assembly of Maryland, That
the chancellor, or Baltimore county court, shall have full power and
authority, upon the bill or petition of any person or persons appear-
ing to have a legal interest in the said property, or a beneficial inte-
rest in the said trust, and after summoning and hearing according to
the course of the court, all the other parties to the said deed and
trust, the said James P. Boyd to answer and to be heard by a com-
mittee to be named by the chancellor, or Baltimore county court, and
upon consideration of such evidence as according to the course of
the court, may be offered by the said parties, or any or either of them,
make such decree and orders for carrying the said trust into execu-
tion, as the chancellor or Baltimore county court shall deem right
and just; and in case the chancellor or Baltimore county court shall
decree a sale of the said trust property, or any part thereof, to va-
cate and annul at the same time, with the assent of the parties, the
decree already made by him in relation to the said property.
2. And be it enacted, That if the said Ellen M'Mechen shall, be-
fore the making of such new decree, file her consent in writing, ac-
knowledging either in open court or before a justice, of the peace for
Baltimore county, the same to have been made willingly and freely,
without any constraint on the part of her husband, or fear of his
displeasure, the chancellor or Baltimore county court, may insert in
the said new decree, a provision for the sale of her dower interest
in the property decreed to be sold, and may, by a subsequent de-
cree, order or orders, allow to her a just and adequate compensa-
tion for such interest either out of the proceeds of the sales, or out
of the trust property itself; and if the chancellor or Baltimore
county court should determine to compensate the said Ellen out of
the said trust property, that then and in that case, the chancellor or
Baltimore county court be hereby empowered to cause the said
trust property to be valued in such manner as the chancellor or
Baltimore county court may think fit, and to cause to be set off and
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CHAP. 102.
Chancellor, &c.
upon hearing par-
ties to make de-
cree, &c.
Also may decree
sale of dower inte-
rest
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