2002 ARTICLE 46

of descent laws. What commission should require, and return show, relative to widow's
dower. Phelps v. Stewart, 17 Md. 239; Bennett v. Bennett, 5 Gill, 463. And see
Hardy v. Summers, 10 G. & J. 322.

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; Celston v. Dorchester
Court, 4 H. & McH. 283; Ruhl v. Wagner, 146 Md. 599 (bill defective).

Act of 1820, ch. 191, must be strictly complied with. A commission held not to be
in compliance with the law, and hence invalid. Stallings v. Stallings, 22 Md. 46.

If oath is not annexed to the commission, and the commission and return do not
appear to have been ratified, the commission is invalid. Massey v. Massey, 4 H. & J. 141.

The court will not be prevented from issuing a commission by purchase of interests
of several of heirs, including a purchase from husband of one of heirs, of his wife's
interest, no binding conveyance having been procured from wife. Chaney v. Tipton, 3
Gill, 334.

For a case involving the question of "res adjudicata," as applicable to a proceeding
under this section, see Hardy v. Summers, 10 G. & J. 316.

History of acts dealing with "division and election" down to and including act
of 1820, ch. 191. Intent and construction of these acts. Catlin v. Catlin, 60 Md. 574.

An. Code, 1924, sec. 9. 1912, sec. 33. 1904, sec. 33. 1888, sec. 33. 1820, ch. 191, sec. 8.

9. Whenever a majority of the commissioners to be appointed in virtue
of this article shall qualify they may proceed in the execution of the same
in the same manner as they may do when the whole commissioners qualify
as aforesaid.

An. Code, 1924, sec. 10. 1912, sec. 34. 1904, sec. 34. 1888, sec. 34. 1820, ch. 191, sec. 14.

10. In the execution of this article, and before any proceeding is had
by the commissioners, they, or a majority of them, shall cause notice to be
given to all parties concerned by advertisement set up at the door of the
court-house of the county or counties or city where the lands may lie, and
in such other public places in the county or counties or city as they may
direct, at least thirty days previous to their proceeding to execute the
said commission.

While the interests of the heirs are protected from the consequences of a substantial
departure from the procedure pointed out in this and the following sections, sec. 45
expressly provides against the proceedings being set aside for unsubstantial and formal
irregularities. Return of commissioners held to show that the required notice was given.
Commissioner held qualified. Duty of commissioners. Return upheld. Oath. Object
and purpose of this section and secs. 13, 18 and 46. Basford v. Cranford, 125 Md. 19.

The commissioner's return should affirmatively show what notice was given and how
it was given. Stallings v. Stallings, 22 Md. 46. Cf. Cecil v. Dorsey, 1 Md. Ch. 223.
And see sec. 13.

Matters relative to this section necessary to be stated in the bill or petition filed
under sec. 8. Hughes' Case, 1 Bl. 47.

See secs. 12, 13 and 23,

An. Code, 1924, sec. 10A. 1912, sec. 35. 1904, sec. 35. 1888, sec. 35. 1820, ch. 191, sec. 15.

11. If any minor shall be interested who hath not a guardian then
the court from which the commission issues shall appoint a guardian for
the purpose.
See Art. 72A.

An. Code, 1924, sec. 11. 1912, sec. 36. 1904, sec. 36. 1888, sec. 36. 1820, ch. 191, sec. 50.

12. In cases where a commission may issue from any court to make
partition of an intestate's estate, and any of the parties interested reside
out of this State, the commissioner, or a majority of them, before they
proceed in execution of said commission, shall cause notice thereof to be
given by advertisement set up at the door of the court-house of the county
or counties or city where the lands may lie, and in such other public places
in the county or counties or city, and also by publication in such newspaper