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DESCENTS |
By consent of the widow the whole may be
sold, and her proportion awarded by the court issuing
the commission,
An appeal given from the judgment of
the county
court to the chancellor, but not from his decision
thereon,
From original decisions by the chancellor to
the
court of appeals,
Notice to be given by the commissioners,
A guardian to be appointed by such
courts for the
purpose, in the case of a minor who has none,
The proceedings not to be set aside
for matter of
form,
If the estate consist of things indivisible
in their
nature, then the rule of the common law as to the
enjoyment thereof shall take place,
Proviso as to citizens being out of
the state,
How purchaser to obtain a division
where any of
the heirs of a person deceased without a will shall
sell their right, and he and the other heirs cannot
agree,
Where commissioners appointed, and
determine
that the estate cannot be divided without loss, and the
court confirm the return, the person electing to take
the estate at the valuation, to give bond, &c.
If any person entitled to make election be absent,
notice to be given, and upon nonappearance
how to proceed, &c.
If any person entitled to make election be an
idiot,
&c. the person next entitled authorised to elect,
&c.
Bonds taken for the valuation to be a lien on
the
land, &c.
Where election hath been made, and the valuation
paid, the commissioners to execute a deed, &c.
If the eldest male child be not of
age to make election,
then the eldest female, if of age, to elect to take
the land at the valuation, &c.
Commissioners to lay off the part of
a tenant or tenants
by the curtesy before they proceed to divide or
value the lands, and make return of such location of
such tenancy a part of their return, &c.
Such return to be confirmed or rejected by the
chancellor or county courts as the case may be,
If any person shall become entitled,
as tenant by
the curtesy, to any part, after the commissioners
have made return, and before a sale or division, the
court shall direct the commissioners to alter their return,
In case of sale, &c. the commissioners
shall proceed
to sell the whole, disencumbered by any tenancy
by the curtesy,
The chancellor or county court to
award to the tenant
by the curtesy such proportion of the purchase
money as he or they shall think just, to be governed
by the age, &c. of such tenant,
If the parties entitled cannot agree
upon a division,
or if there be a minor, the commissioners to divide
the estate into as many parts as it is susceptible of
without injury, and to ascertain the value of each
part; and if the judgment of the commissioners be
confirmed, the right of election to take the several |
Session
Ch. S.
1786 45 8
Note (f)
1786 45 8
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1786 45 8
Note (a)
1786 45 8
Note (d)
1786 45 8
Note (d)
1786 45 8
Note (b)
1786 45 8
Note (e)
1786 45 8
Note (d)
1786 45 8
Note (d)
1786 45 8
Note (f)
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