1194 INHERITANCE. [ART. 46

The election to take the whole estate and a settlement therefor vests the
legal title in the party electing without a deed from the commissioners, and
this is true although the election is made by the husband In the right of his
wife. The party electing takes as a purchaser, and not by descent. Stevens
v. Richardson, 6 H. & J. 156.

Under this section, the eldest son may either take a part or the whole of the
estate, if he so elects. This section contrasted with prior acts governing the
same subject. Catlin v. Catlin, 60 Md. 580.

The eldest son's right of election is a valuable right, but only .applies in
case the commission determines that the estate can not be divided without
loss, etc. Wilhelm v. Wilhelm, 4 Md. Ch. 333.

A purchaser of the interest of the eldest son is entitled to his election under
this section. (See section 46.) Jarrett v. Cooley, 6 H. & J. 258; Chaney v.
TIpton, 11 G. & J, 255.

The return of the commissioners should show that the parties entitled
were allowed the right of election. Stallings v. Stallings, 22 Md. 47.

For a case involving the correction of an error in an appraisement of real
estate elected to be taken by an heir, see Gibbs v. Clagett, 2 G. & J. 14.

For cases involving the act of 1786, ch. 45, see Stevens v. Richardson, 6 H.
& J. 156; Warfield v. Warfleld, 5 H. & J. 459; Wilhelm v. Wilhelm, 4 Md. Ch.
332.

Cited but not construed in Jenkins v. Simms, 45 Md. 536.

See notes to sectons 41 and 42; see also, sec. 48, et scq.

1904, art. 46, sec, 45. 1888, art. 46, sec. 45. 1860, art. 47, sec. 45.
1820, ch. 191, sec 9.

45. If the eldest child or person entitled refuses to take the estate
and pay to the others money for their proportions, then the next eldest
child or person entitled, being of age, shall have the same election, and
so on to the youngest child or person entitled.

The return of the commissioners should show that the parties entitled
were allowed the right of election. Stallings v. Stallings, 22 Md. 47.

This section referred to in construing sections 41 and 44. Catlin v. Catlin,
60 Md. 580.

Cited but not construed in Jenkins v. Simms, 45 Md. 536.
See sections 41, 43 and 44.

Ibid. sec. 46. 1888, art. 46, sec. 46. 1860, art. 47, sec. 46.
1820, ch. 191, sec 31. 1829, ch. 32.

46. In all cases where a person is entitled by purchase or otherwise
to the undivided estate of an heir to a person dying intestate, and any
such person can not agree with the other heirs or persons entitled upon
a division, or in case any party entitled is an infant, or non compos
mentis, then any such person shall have the right to proceed under this
article, and the same right of election as the heir would have had under
whom he claims.

Where an heir has elected to take a certain portion of the estate but dies
before giving bond, his heir succeeds to the original heir's rights, and it Is not
necessary to go into equity to complete the proceeding. What proceedings
are necessary in such case. Jenkins v. Simms, 45 Md. 536. And gee Chaney
v. Tipton, 3 Gill, 334.

A purchaser of the interest of the eldest son is entitled to his election
under this section. Jarrett v. Cooley, 6 H. & J. 258; Chaney v. Tipton, 11 G.
& J. 255.

This section referred to in construing sections 41 and 44. Catlin v. Catlin,
60 Md. 580.