after stating the case. We think there is no error in the ruling of the court and in the measure of the relief accorded to the plaintiff The interpretation put upon the will by her counsel that it requires a division into parts of equal area and an adjustment of values in the distribution of the personalty may be conceded to be correct, and it is manifest that the commissioners proceeded upon this understanding of the testator’s directions. From the conformation, condition and situation of the land, a literal compliance with the directions may have been and we must assume in their opinion was impracticable without serious injury to the shares and not strictly in contemplation of the testator who imposes the duty and confides much to the discretion of the appointees. We must in fairness ascribe the slight deviation in their action to these considerations. This may be inferred also from the acquiescence of the devisees in 'wliat was done with full knowledge of the excess allowed two of the shares, their several occupations, and the acceptance of the sums paid in the apportionment by the executors. The court declares as a fact found upon the evidence, that a disruption of the division and an allotment de novo would be a wrong and injury to the defendants, and we are unable to see how any rectifica*317■tion short of this will attain the object. We do not think the plaintiff has any equity to call upon the court to do this, and especially when she can have ample compensation for her loss in land from a pecuniary assessment upon the owners of the other shares.
No authority was cited to aid us in the investigation except the case of Kitchen v. Herring, 1 Ired. Eq., 190, which was for a specific performance of an agreement to convey land and has no bearing upon the question. Here, there is no contract at all and the parties derive title under a will to land which has been divided and alloted by persons appointed according to its requirements, and the suit is for the rectification of an unintentional error committed by them. The plaintiff’s equity grows out of the relations of the parties as the beneficiaries of a common estate and will be enforced under a proper regard to the interests of all. Full and adequate compensation can be had in money without disturbing the assignment of shares and the interests therein which have since vested and this relief the judgment of the court awards.
There is no error. This will be certified to the court below.
No error. Affirmed.