ART. 47.] INHERITANCE. 337

other estates at the valuation of the commissioners, shall have
the same election as it respects the estate provided for in this
section.

44. If the said commissioners, or a majority of them, shall
determine that the estate cannot be divided without loss and
injury to all the parties, they shall make return to the court
of their judgment, and the reasons upon which the same is
formed, and the real value of the estate in current money,
subject to the encumbrance, if any thereon; and if the judg-
ment of the commissioners shall be confirmed by the court,
then in the said court and before the expiration of the term
next succeeding that in which the return of the commissioners
shall have been confirmed, the eldest son, child or person
entitled, if of age, shall have election to take the whole estate,
and pay to the others their just proportions of the value in
money.

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.

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 cannot 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.

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
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