| 1802.
CHAP. 94.
Passed Jan. 8, 1803. |
LAWS OF MARYLAND.
CHAP. XCIV.
A Further Additional Supplement to the act, (a) entitled,
An act to
direct Descents. Lib. JG. No. 4, fol. 303.
(a) 1786, ch. 45. Other
supplements, 1805, ch. 119. November 1809, ch. 160.
1810, ch. 28. 1811, ch. 200. November 1812,
ch. 68, ch. 181. 1814, ch. 109,
and 1815, ch. 205. |
In certain cases
purchasers may
obtain a division
of real estate. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases where any of the heirs of a person deceased without
will shall sell out their right and title to the intestate's real estate,
and the purchaser or purchasers, and the other heir or heirs, cannot
agree upon a division, or in case any person entitled to any
part be a minor, (b) in order to obtain a division of the estate, the
purchaser or purchasers, heir or heirs, may effect the same agreeably
to the direction and provisions of the act to which this is a
supplement.
(b) If any person is entitled,
as tenant by the curtesy, to an undivided part of
an intestate's real estate, see November 1809, ch. 160,
and November 1812, ch.
181. If any person is entitled by deed or devise
to a life estate, an estate in remainder
after such life estate, or as devisee in fee, in an undivided
part of the real
estate of an intestate, see 1810, ch. 28, and 1811, ch.
200. |
Person making
election to take
estate at valuation
of commissioners,
to give bond. |
2. AND BE IT ENACTED, That in all cases where
the commissioners
appointed, or hereafter to be appointed, under the said
act, (c) shall determine that the estate cannot be divided (d) without
loss to all the parties, and the court shall confirm their return,
the person making an election (e) to take the estate at the valuation
of the commissioners, at the time of making the election, shall
severally give bonds, (f) with two or more sufficient securities, to
be approved by the court in which the proceedings shall be had, to
the other person or persons entitled to the said estate, for their
several proportions of the sum of money at which the said estate
is valued, which bonds shall bear interest from the date of the said
election, and shall be made payable in such instalments as the
court shall direct.
(c) By November 1812, ch. 181,
if any of the commissioners die before having
completely executed the commission, others may be appointed,
&c. If a majority
of the commissioners appointed shall qualify, they may
proceed, &c.
(d) By November 1809, ch. 160,
the commissioners may divide the estate into
as many parts as it is susceptible of without injury,
&c. and ascertain the value of
each part. If the return is confirmed, the right
of election to take the several
parts shall be according to the rules of the act of 1786,
ch. 45, &c. The person
making an election to take any part of the estate at
the valuation, shall severally
give bond, &c. If all the parties of age, and
entitled to take any part into which
the estate is divided, at the valuation thereof, shall
refuse, the estate shall be sold
by the commissioners.
(e) By 1805, ch. 119, in case
the eldest male is a minor, the eldest female of age
may elect, &c.
(f) By 1815, ch. 205, it shall
not be necessary, if the court deem it for the interest
of all persons concerned, that the bond should be given
to each of the representatives
of the intestate; but such bond shall be given to the
state, in such
penalty and with such security as the court may direct,
conditioned for payment
of the valuation or purchase money to the legal representatives
of the intestate,
&c. |
In certain cases
court to order absent
person to appear
and make
election. |
3. AND BE IT ENACTED, That if any person or
persons entitled
to make election (g) to take the estate of any intestate as aforesaid,
shall be absent from the county at the time when such election
ought to be made, the court shall pass an order, to be published in
some convenient news-paper 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
(g) See note (c) under the second section. |
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