DESCENTS

—Instead of such bonds, one bond may be given to
the state and recorded, with such penalty and security
as the court shall approve, for the payment of the representatives
of their proportions,
    If all the parties of age, and entitled to elect to take
any part, shall refuse to take the same at such valuation,
the estate shall be sold by the commissioners according
to the provisions of the act to regulate descents,
    Where a person is entitled to an undivided part of
an intestate's real estate by devise in fee, the same proceedings
shall be had as are directed with regard to
purchasers by the act of 1802, ch. 94,
    Where any person is entitled by deed or devise to a
life estate in an undivided part of the real estate of any
deceased person, the same proceedings shall be had as
are directed with regard to tenancies by the curtesy by
the act of 1809, ch. 160,
—Where any person is entitled by deed or devise
to the remainder after such life estate, the same proceedings
shall be had as are directed when a person is
entitled to an undivided part of any deceased person's
estate, subject to a tenancy by the curtesy,
    All acts done under the act of 1810, ch. 28, to have
the same effect as if the said act had referred to the act
of 1809,
    On the death of all the commissioners, others may
be appointed to complete the commission on application,
and a warrant shall be issued to them accordingly,
—Directions for their qualifying and proceeding,
 
 

    Where the commissioners certify that the estate cannot
be divided without injury, the chancellor, or the
county courts, shall award such sum as they may
think just to the tenant by the curtesy, being directed
by his age, &c.
—Such award of value shall be sufficient to bar
such tenant from all right by such curtesy,
    Alien white females intermarrying with a citizen,
and residing in the United States, enabled to take lands
by descent, &c.
    Where lands of a person dying intestate lie in different
counties, not necessary to apply to the chancellor, but
if in the same judicial district, application may be made
to the county court where the greatest part of said lands
may lie,
—Where such lands lie in different counties of different
districts, and are adjoining, application may be
made to the county courts where the greatest portion
may lie,
—Where in different districts, and not adjoining,
but in detached parcels, application may be made to the
county courts where the greatest portion of such lands
may lie,
—The same proceedings to be had as if the lands
laid in one county,
    Where lands are devised to two or more persons as
joint tenants, or tenants in common, application may
be made to the county court for a commission to divide,
which shall issue for dividing and making partition,
—If laying in different counties, to the court where
the greatest portion may lie,
—The commissioners to take an oath, and to proceed
as if a writ of partition had been obtained,
    On commissioners to make partition of an intestate's
estate, where any of the parties reside out of the state,
the commissioners to cause notice to be given by advertisement

  1815       205 
 

  1809      160    7
 

  1810        28    3
 
 

 1811      200    1
 
 
 

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 ——        —    2
 

  1812        68    1
  ——        —   2
                          3
                          4
 
 
 

  ——       181

  ——        —
 

  1813      100
 
 

  1814      109    1
 

  ——        —    2
 
 

  ——        —    3

  ——        —    4
 

  ——        —    5

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  ——        —    6