AET. 46] ELECTION. 1195

1904, art. 46, sec. 47. 1888, art. 46, sec. 47. 1860, art. 47, sec. 47.
1820, ch. 191, sec. 13.

47. If any person entitled to make election to take the estate of any
intestate as aforesaid shall be absent from the county, or not residing
therein at the time when such election ought to be made, and shall not
appear in court and elect, or refuse to elect to take the said estate, or any
part thereof, as the case may be, the court shall pass an order, to be
published in some convenient newspaper at least four weeks successively,
giving notice of the return and confirmation of the commission, and
appointing some day in the term next succeeding that in which the said
order shall be passed, for such absent person to appear in court and
make his election, as aforesaid, and on proof being made to the satisfac-
tion of the court of the due publication as aforesaid, and on the non-
appearance of the person so absent, it shall be lawful for the person
next entitled to come in and make election in the same manner as if
the person so absent had appeared and refused to take the estate

Cited but not construed in Catlin v. Catlin, 60 Md. 581; Jenkins v. Simms,
45 Md. 536.

Ibid. sec. 48. 1888, art. 46, sec. 48. 1860, art. 47, sec. 48.
1820, ch. 191, sec. 31.

48. If any person entitled to make election as aforesaid shall be
non compos mentis, or otherwise disqualified to declare his intention, in
such case the person next entitled shall be authorized to make his election
in the same manner as if the person disqualified had refused to make
election

Cited but not construed in Catlin v. Catlin, 60 Md. 581; Jenkins v. Simms,
45 Md. 536.

Ibid. sec. 49. 1888, art. 46, sec. 49. 1860, art. 47, sec. 49.
1820, ch. 191, secs. 32, 33.

49. In case the eldest male shall not be of age to make his election,
it shall be lawful for the eldest female if of the age of twenty-one years,
to elect to take the lands at the valuation of the commissioners, notwith-
standing the existence of any male minor; and any husband may elect
to take in right of his wife.

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. Stevens v. Richardson, 6 H. & J. 156.

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.

Ibid. sec. 50. 1888, art. 46, sec. 50. 1860, art. 47, sec. 50.
1827, ch. 208, sec. 2.

50. Every person entitled to elect or refuse to take the whole or any
part of any estate at the value ascertained and returned by the commis-
sioners may make such election or refusal in writing, to be signed by
such person in the presence of one or more witnesses, who shall attest
the same in writing; and such written election or refusal, when filed