| NOV. 1809.
CHAP. 160.
Commissioners to
lay off the portion
of tenant by the curtesy. |
LAWS OF MARYLAND.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the commissioners shall be, and they are hereby empowered and
directed, to lay off the part or parts, portion or portions, of a tenant
or tenants by the curtesy (a), of, in and to,
the lands and
tenements of an intestate, by virtue fo their commission, before
they shall proceed to divide or value the same, and the said commissioners
shall make such ascertainment and location of such tenancy
a part of their return to their commission; and the chancellor,
or the county courts, as the case may be, shall determine
thereon, and confirm or reject the same, as in other cases under
the said act.
(a) By November 1812, ch. 181,
if any person is entitled as tenant by the curtesy,
and the estate cannot be divided, the chancellor, or
county court, shall
award to such tenant, money in lieu of such tenancy by
the curtesy, &c.
If any person is entitled by deed
or devise to a life estate, an estate in remainder
after such life estate, or as devisee in fee, in an undivided
part of the real estate of
an intestate, see 1810, ch. 28, and 1811, ch. 200. |
If person become
entitled to undivided
part after
return by commissioners,
Court to
order them to alter
it, &c. |
3. AND BE IT ENACTED, That if any
person shall become entitled,
as tenant by the curtesy, to an undivided part of the real
estate of an intestate, after the return of the commissioners aforesaid,
and before the sale or division thereof, the courts of the several
counties shall be and they are hereby empowered, to order that
the commissioners shall alter and change their return, and the commissioners
shall, upon service of the said order, proceed to alter
their return, in such manner as that the tenant by the curtesy
shall come in for his proportionable share of the said intestate's
estate with those who by law are now entitled to take as heirs of
the intestate.
See notes under the second section. |
In case of sale,
chancellor, &c. to
award to tenant
by the curtesy his
proportion of purchase
money. |
4. PROVIDED ALWAYS, AND BE IT ENACTED,
That in case of
the sale of the intestate's real estate by the commissioners, they
shall proceed to sell the whole real estate of the intestate, agreeable
to the terms prescribed to them, disincumbered by any tenancy
by the curtesy; and the chancellor, or the county court, as the
case may be, shall award to the tenant by the curtesy such proportion
of the purchase money as he or they shall think just and
equitable, and in decreeing such proportion of the said purchase
money to the said tenant, the chancellor, or county court, as the
case may be, shall be directed by the age, health and condition, of
such tenant, and such award of payment shall be sufficient to bar
such tenant from all and every right or title by such curtesy which
such tenant may claim to the lands and tenements of such intestate.
See notes under the second section. |
In case parties entitled
cannot agree,
commissioners
to divide the
estate, &c. |
5. AND BE IT ENACTED, That in case
the parties entitled to the
intestate's estate cannot agree upon the division thereof, or in case
any person entitled to any part be a minor, the commissioners
shall have power to divide the estate into as many parts as it is
susceptible of, without injury and loss to all the parties entitled,
and to ascertain the value of each part of such estate in current
money, and if the judgment of the commissioners shall be confirmed
by the county court, the right of election to take the several
parts into which such estate may have been divided, shall be
according to the rules of the act of assembly, entitled, An act to
regulate descents, and the several supplements thereto. |
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