INHERITANCE. 1715

and the next in order the second choice, and so on in regular succession
of right until all the parts are taken or refused.

It is a fatal objection to a return, that the value of the estate in money has not
been stated. Cecil v. Dorsey, 1 Md. Ch. 223.

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

The eldest son has the election to take all or any parcel or parcels of the estate.
Catlin v. Catlin, 60 Md. 582.

An election, so far as it went, held to be in strict accord with this article. Jenkins
v. Simms, 45 Md. 535.

See notes to sec. 19; also sec. 23, et seq.

An. Code, sec. 42. 1904, see. 42. 1888, sec. 42. 1820, ch. 191, sec. 12.

17. The commissioners appointed as aforesaid, or a majority of them,
after having made partition or allotment in manner aforesaid, shall return
their proceedings to the next court to happen thereafter; and the same
shall he ratified or rejected, as justice shall dictate; and if ratified, and
no appeal hy either party, the partition made as aforesaid shall be recorded
and remain and be binding; and if rejected, a new partition shall be made
and returned as aforesaid, and either party may appeal from the judgment
of the court to the court of appeals.

The return should show a strict compliance with the requirements of the law.
What the return should show as to notice, incumbrances, the ascertainment of
dower, and the privilege of election. (See sec. 12.) Appeal. Parties. A return
under a defective commission is itself defective. Stallings v. Stallings, 22 Md. 47;
Phelps v. Stewart, 17 Md. 241. And see Cecil v. Dorsey, 1 Md. Ch. 223.

The judgment of the commission as to whether lands are devisable, though not
absolutely conclusive, will not be disturbed in the absence of countervailing proof.
Several objections to the return of the commission considered. Wilhelm v. Wilhelm,
4 Md. Ch. 250; Cecil v. Dorsey, 1 Md. Ch. 223.

The proceedings of the court in affirming or rejecting the commissioners' return
are summary, the proofs not being reduced to writing or introduced into the record.
When such proceeding will not give rise to the plea of "res adjudicata." Hardy v.
Summers, 10 G. & J. 322.

If called in question, the commission and return should appear to have been rati-
fied. Massey v. Massey, 4 H. & J. 141.
Cited but not construed in Jenkins v. Simms, 45 Md. 536.
See sec. 45 and notes to sec. 10.

Election.

An. Code, sec. 43. 1904, sec. 43. 1888, sec. 43. 1820, ch. 191, sec. 17.

18. If the estate consist of things indivisible in their nature, then
the commissioners, or a majority of them, shall proceed to appraise and
value the said estate, and make return thereof to the court as hereinbefore
directed; and if the judgment of the commissioners shall be confirmed by
the court, then the person or persons entitled under this article to elect
to take other estates at the valuation of the commissioners shall have the
same election as it respects the estate provided for in this section.

Division and election apply only to property held by inheritance, and not to
property taken by will or by purchase. Johnson v. Hoover, 75 Md. 489; Colston v.
Dorchester Court, 4 H. & McH. 283.

It is a fatal objection to a return, that the value of the estate in money has not
been stated. Cecil v. Dorsey, 1 Md. Ch. 223.

Cited but not construed in Jenkins v. Simms, 45 Md. 536.
See secs. 16 and 19.