ART. 46] DIVISION AND ELECTION. 1189

received, into hotchpot with the estate descended; but such child or
children, or their issue, shall not be entitled to claim a share by
descent, without bringing such advancement, or the value thereof as
aforesaid, into the common stock or hotchpot, if there be another child
or children unprovided for.

The right of the heirs to insist that property advanced be brought into
hotchpot is a legal right and can not be defeated by the alienation of, or
incumbrances placed upon, the property advanced, nor is such right defeated
in equity as to the bringing of an advancement of personalty into hotchpot
with real estate, by the insolvency of the personal estate of the ancestor.
Estate of Young, 3 Md. Ch. 465.

The courts construe this section liberally to enforce the maxim that "equal-
ity is equity." A gift to a daughter or her husband is presumed to be an
advancement in the absence of proof to the contrary. Proof held to show
an advancement. McCabe v. Brosenne, 107 Md. 494; Dilley v. Love, 61 Md.
604; Graves v. Spedden, 46 Md. 527. Cf. Justis v. Justis, 99 Md. 80

What constitutes an advancement? Proof thereof. Where an advancement
Is brought into hotchpot it is valued as of the time it was received and
enjoyed. Clark v. Willson, 27 Md. 699. And see Cecil v. Cecil, 20 Md. 156;
Parks v. Parks, 19 Md. 323; Hayden v. Burch, 9 Gill, 79; Stewart v. State, 2
H. & G. 114.

This section treats children who are heirs as co-parceners. Gilpin v. Hol-
lingsworth, 3 Md. 194; Hoffar v. Dement, 5 Gill, 137. And see Warfleld v.
Warfield, 5 H. & J. 464; Mitchell v. Gover, 1 H. & J. 512; Morris v. Harris,
9 Gill, 26.

As to advancements, see also, art. 93, sec. 125.

Division and Election.

1904, art. 46, sec. 32. 1888, art 46, sec. 32. 1860, art. 47, sec. 32. 1820, ch. 191,

secs. 8, 13, 43, 45, 46, 47.

32. If the parties entitled to the intestate's estate cannot agree upon
the division thereof, or if any person entitled to any part be a minor,
an application may be made to the circuit court for the county where
the estate lies, or if the land lies in different counties, to the circuit
court for the county where the greater part of the land lies, or if the
land lies in the city of Baltimore, then to the superior court or circuit
court or circuit court No. 2 of said city; and the couit shall appoint and
issue a commission of five discreet, sensible men, to be commissioners,
authorizing and empowering them, or a majority of them, to proceed
in the premises according to the directions of this article, and in all
respects conform to and comply with the provisions hereof; and the
said commissioners, or a majority of them, before they proceed to act,
shall severally take an oath (to be annexed to the said commission),
before some justice of the peace for the county or city, or other person
authorized to administer an oath, well and faithfully to perform the
duties required of them, by the commission, without favor, partiality or
prejudice, and according to the best of their judgment and understand-
ing.

What allegations are necessary to give the court jurisdiction under this
section? Errors in procedure, though ground for a bill of review after
decree, do not affect the Jurisdiction. Tomlinson v. McKaig, 5 Gill, 275. And
see Eoser v. Slade, 3 Md. Ch. 91; Hughes' Case, 1 Bl. 46; Chaney v. Tipton, 11
G. & J. 255; Hardy v. Summers, 10 G. & J. 323; Thompson v. Tolmie, 2 Pet.
163.