2006 ARTICLE 46

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 proceeding. What proceedings are necessary in such
case. Jenkins v. Simms, 45 Md. 536. And see Chaney v. Tipton, 3 Gill, 334.

A purchaser of interest of 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 secs. 17 and 20. Catlin v. Catlin, 60 Md. 580.

An. Code, 1924, sec. 22. 1912, sec. 47. 1904, sec. 47. 1888, sec. 47. 1820, ch. 191, sec. 13.

23. 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 ap-
pear 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 pub-
lished in some convenient newspaper at least four weeks successively, giv-
ing notice of the return and confirmation of the commission, and appoint-
ing 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 satisfaction 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.

An. Code, 1924, sec. 23. 1912, sec. 48. 1904, sec. 48. 1888, sec. 48. 1820, ch. 191, sec. 31.

24. 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.

An. Code, 1924, sec. 24. 1912, see. 49. 1904, sec. 49. 1888, sec. 49. 1820, ch. 191, secs. 32, 33.

25. 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 pf twenty-one years, to
elect to take the lands at the valuation of the commissioners, notwithstand-
ing the existence of any male minor; and any husband may elect to take

in right of his wife.

Election to take whole estate and a settlement therefor vests legal title in party
electing without a deed from the commissioners, and this is true although the elec-
tion is made by husband in right of his wife. Stevens v. Richardson, 6 H. & J. 156.
This section referred to in construing secs. 17 and 20. Catlin v. Catlin, 60 Md. 580.
Cited but not construed in Jenkins v. Simms, 45 Md. 536.

An. Code, 1924, sec. 25. 1912, sec. 50. 1904, sec. 50. 1888, sec, 50. 1827, ch. 208, sec. 2.

26. 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 with the clerk
among the proceedings in the case, shall have the same effect and validity
as if such person had made his election or refusal in open court.

This section referred to in construing secs. 17 and 20. Catlin v. Catlin, 60 Md. 581.

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