410

INHERITANCE. [ART. 47.

visible without
loss, to be
valued

all the parties, they shall make return to the court of their judg-
ment, and the reasons upon which the same is formed, and the real
value of the estate in current money, subject to the incumbrance, if
any thereon; and if the judgment of the commissioners shall be
confirmed by the court, then in the said court, and before the ex-

Eight of
election.

piration of the term next succeeding that in which the return of the
commissioners shall have been confirmed, the eldest son, child, or
person entitled, if of age, shall have election to take the whole
estate, and pay to the others their just proportions of the value in
money.

Id s 45

1820, c 191, s. 9
Right of
election.
16 Md 534

45. If the eldest child, or person entitled, refuses to take the
estate, and pay to the others money for their proportions, then the
next eldest child, or person entitled, being of age, shall have the
same election, arid so on to the youngest child, or person entitled.

Id s 46
1820, c 191, s. 31,
1829, c. 32
Same.
49 Md 532.
Where person
entitled by pur-
chase.

46. In all cases where a person is entitled by purchase or other-
wise to the undivided estate of an heir to a person dying intestate,
and any such person cannot agree with the other heirs or persons
entitled upon a division, or in case any party entitled is an infant,
or non compos mentis, then any such person shall ha\e the right to
proceed under this article, and the same right of election, as the
heir would have had under whom he claims.

Id s. 47
1820, c 191, a 13
Notice to parly
entitled to elect
out of the State

4 7. If any person entitled to make election to take the estate of
any intestate as aforesaid, shall be absent from the county, or not
residing therein at the time when such election ought to be made,
and shall not appear in court and elect, or refuse to elect to take
the said estate, or any part thereof, as the case may be, the court
shall pass an order to be published in some convenient newspaper
at least four weeks successively, giving notice of the return and
confirmation of the commission, and appointing some day in the
term next succeeding that in which the said order shall be passed
for such absent person to appear in court and make his election as
aforesaid; and on proof being made to the satisfaction of the court
of the due publication as aforesaid, and on the non-appearance of
the person so absent, it shall be lawful for the person next entitled
to come in and make election, in the same manner as if the person
so absent had appeared and refused to take the estate.

Id s 48
1820, c 191, 3. 31
Where person
entitled dis-
qualified, who
may elect.

48. If any person entitled to make election as aforesaid, shall
be non compos mentis, or otherwise disqualified to declare his in-
tention, in such case the person next entitled shall be authorized
to make his election, in the same manner as if the person disqualified
had refused to make election.

Id s 49
1820, c. 191, ss.
32, 33
When person
entitled, a
minor.
When a married
woman

49. In case the eldest male shall not be of age to make his elec-
tion, it shall be lawful for the eldest female, if of the age of twenty-
one years, to elect to take the lands at the valuation of the commis-
sioners, notwithstanding the existence of any male minor, and any
husband may elect to take in right of his wife.

Id s 50
1827, c 208, s 2.
How election, or

50. Every person entitled to elect or refuse to take the whole or
any part of any estate at the value ascertained and returned by the