ARTICLE 46.
INHERITANCE.
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Descents.
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23. Absence of party entitled to election;
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1. Lands held in fee; heirs.
2. Surviving husband or widow — share
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notice by publication to.
24. If non compos, person next entitled
shall elect.
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of; sale in equity.
3. Share of husband or wife where spouse
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25. If eldest male be not of age, eldest
female of age shall elect.
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dies testate; renunciation; spouse
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26. Election or refusal may be in writing.
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must join in deed.
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27. Person electing to take shall give bond
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4. Dower not abolished; renunciation.
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to other persons.
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5. How naked trusts to descend.
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6. Child legitimated by subsequent mar-
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riage of parents and acknowledg-
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Sales by Commissioners.
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ment by father.
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28. If all parties refuse to elect, lands shall
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7. Inheritance among illegitimate chil-
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be sold by commissioners.
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dren.
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29. Where all parties are minors, estate
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not to be sold until eldest arrives
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Division and Election.
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at age.
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30. Bonds for purchase money payable to
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8. Commissioners, how appointed; oath.
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each representative.
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9. Majority of, when qualified, may act.
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31. Bond to State for whole unpaid pur-
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10. Notice required to parties interested.
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chase money; bond to be lien on
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11. Court to appoint a guardian for
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land.
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minor not having one.
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32. Failure of purchaser to comply; pro-
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12. Notice required to non-residents in-
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ceedings upon.
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terested.
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33. Life estate of surviving husband.
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13. Recital of notice prima facie sufficient.
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34. Sale free of such life estate.
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14. How commissioners shall divide lands
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35. Allowance to such tenant for life.
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susceptible of division.
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36. Where such estate is acquired after re-
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15. How commissioners shall divide lands
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turn but before sale, return shall be
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not susceptible of division.
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altered accordingly.
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16. Survey to be made of lands divisible
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37. Life tenant under deed or devise;
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into as many parts as heirs; several
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same proceedings to be had.
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shares to be allotted to parties.
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38. Widower's dower to be laid off.
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17. If lands not thus divisible, to be di-
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39. Consent of widow to sale; allowance
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vided into as many parts as prac-
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out of proceeds.
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ticable; election by parties succes-
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40. Compensation to commissioners, how
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sively entitled.
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paid.
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18. After partition, proceedings to be re-
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41. Deed to party electing upon payment
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turned to court for ratification.
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of valuation.
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42. Deed to purchaser.
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Election.
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43. Deed to assignee or representative of
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purchaser.
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19. Proceedings where estate is indivisible.
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44. Vacancies amongst commissioners,
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20. Election by eldest son.
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how filled.
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21. If he refuses, next eldest son to elect,
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45. Court may order deed to be made to
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and so on.
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purchaser.
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22. Where a person ia entitled to estate
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46. Proceedings not to be set aside for
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of one heir and cannot agree with
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matter of form.
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other heirs.
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47. Escheated land.
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