598 ARTICLE 46.

ARTICLE 46.

INHERITANCE.

Descents.

8. Commissioners, how appointed; oath.

This section referred to in construing Trading with Enemy Act. Von
Schwertdner v. Piper, 23 F. (2nd), (Dist. Ct Md. ), 865.

This section referred to in construing sec. 105 of art. 81. Darnall v Connor,
161 Md 219.

Cited but not construed in Brannan v. Ely, 157 Md. 103.

See notes" to art. 16. sec. 233

See notes to art. 93. sec 135

. 2.

Only value of dower in real estate subject to federal estate tax. Tait v. Safe
Deposit & Trust Co., 70 Fed. (2nd), 79.

Cited but not construed in Scher v. Becker, 163 Md. 203.

3.

See notes to sec 2.

4.

Cited but not construed in Scher v. Becker, 163 Md. 203.

See notes to sec. 2.

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 Election.

An. Code, 1924, sec. 8. 1912, sec 32. 1904, sec. 32. 1888, sec. 32. 1820, ch. 191,
secs S, 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