272 . ARTICLE 46.

ARTICLE 46.

INHERITANCE.
Descents.

8. Commissioners, how appointed; oath.

1.

This section referred to in construing Trading with Enemy Act. Von
Schwerdtner v. Piper, 23 P. (2nd), (Dist. Ct. Md. ), 865.
See notes to art. 93, sec. 135.

6.

A child born out of wedlock but legitimated in another state, has rights of
child born in wedlock as to inheritance Such child within power of appoint-
ment. Comity. Holloway v. Safe Dep. & Tr. Co., 151 Md. 335.

Division and Ejection.

An. Code, 1924, sec. 8. 1912, sec. 32. 1904, sec. 32. 1888, sec. 32. 1820, ch. 191,
secs. 8, 13, 43, 45, 46, 47. 1929, ch. 328.

8. 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 appli-
cation 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 Court shall appoint and issue a com-
mission of five discreet, sensible persons, 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 commis-
sion, without favor, partiality or prejudice, and according to the best of
their judgment and understanding.

To fourth note, page 1712. vol. 1, of Code, add Ruhl v. Wagner, 146 Md. 599
(bill defective).

10A.

Sec art. 72A.

Ch. 527 of acts of 1929 authorized the Governor to appoint a commission to revise
the laws of inheritance and to submit report not later than Dec. 1. 1930.