INHERITANCE. 1723

execute to the person so electing, at his expense, a good and valid deed
of bargain and sale in fee simple, under the direction of the court to which
the return or returns shall have been made.

Election to take whole estate and a settlement therefor vests legal title in the
party electing without a deed from the commissioners, and this is true although
election is made by husband in right of his wife. The settlement, however, or giv-
ing of bond under sec. 26, is a condition precedent to passing of title. Stevens v.
Richardson, 6 H. & J. 156. And see Jarrett v. Cooley, 6 H. & J. 260; Ridgely v.
Iglehart, 3 Bl. 546; Jones v. Jones, 1 Bl. 460.

For a form of commissioner's deed, see art. 21, sec. 62.

An. Code, sec. 66. 1904, sec. 66. 1888, sec. 66. 1820, ch. 191, sec. 24. 1833, ch. 93.

41. In all cases of sale made by the commissioners, or a majority of .
them, after the same shall be ratified by the court, and the terms of sale
shall have been complied with by the purchaser or purchasers paying the
purchase money, agreeably to the terms of sale, it shall then be the duty
of the commissioners, or a majority of them, or the survivors or survivor
of them, to convey to the purchaser or purchasers, by deed duly executed
and acknowledged according to law, all the right, title, claim, interest and
estate of the deceased intestate to the lands and premises sold by them in
virtue of their commission; and every such deed shall be recorded in the
time limited by law.

An. Code, sec. 67. 1904, sec. 67. 1888, sec. 67. 1820, ch. 191, sec. 25.

42. Whenever any estate shall be sold, and the purchaser shall die or
shall assign his equitable interest therein before any deed shall be exe-
cuted for the estate sold, then and in that case the court, on the applica-
tion of the heir, devisee or assignee of such purchaser, and being satisfied
that the purchase money has been fully paid, agreeably to the terms of sale,
shall order and direct the commissioners who shall have made such sale,
or a majority of them, or the survivors or survivor of them, to execute and
deliver to such heir, devisee or assignee, a deed for the said estate, in the
same manner as is hereinbefore provided for respecting deeds to be exe-
cuted to purchasers.

This section referred to in construing sec. 30. Ridgely v. Iglehart, 3 Bl. 548.

An. Code, sec. 68. 1904, sec. 68. 1888, sec. 68. 1820, ch. 191, secs. 40, 41, 42. 1822, ch. 48.

1827, ch. 208, sec. 1.

43. In case of the death, inability, refusal to act, or removal out of the
State, of all or any of the commissioners, without having performed the
duties prescribed by such commission, it shall be the duty of the court
issuing the commission, on the application of any person interested, to
appoint as many commissioners as will fill such vacancies; and such new
commissioners shall, in connection with the remaining commissioners, if
any be remaining, and if none remaining, then the new commissioners
shall execute the commission in the same manner as if they had been
originally named therein.