814 INHERITANCE—DIVISION AND ELECTION. [ART. 46.

P. G. L , (1860,) art. 47, sec 81 1820, ch. 191, sec. 5.

31. Any child or children of the intestate, or their issue,
having received from the intestate any real estate by way of
advancement, may elect to come into partition with the other
parceners on bringing such advancement, or the value thereof at
the time such advancement was received, into hotchpot with the
estate descended; but such child or children, or their issue, shall
not be entitled to claim a share by descent, without bringing such
advancement, or the value thereof as aforesaid, into the common
stock or hotchpot, if there be another child or children un-
provided for.

Warfield v. Warfield, 5 H. & J. 459. Stewart v. State, 2 H. & G. 114. Chase
v. Lockerman, 11 G. & J 185. Young's Estate, 3 Md. Ch 461. Hoffar v.
Dement, 5 Gill, 132. Morris, v. Harris, 9 Gill, 19. Hayden v. Burch, 9 Gill, 79.
Gilpin v. Hollingsworth, 3 Md. 190. Parks v. Parks, 19 Md. 324. Cecil v.

Cecil, 20 Md. 156. Clark v. Wilson, 27 Md. 693. Dilley v. Love, 61 Md, 604.

Division and Election.

P. G. L., (1860,) art. 47, sec. S2. 1820, ch. 191, secs. 8,13, 43, 45-46-47.

32. 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 application may be made to the circuit court for the
county where the estate lies, or if the hind 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 of said city; and the court shall
appoint and issue a commission of five discreet, sensible men, 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 commission, without favor, partiality or
prejudice, and according to the best of their judgment and
understanding.

Celston v. Dorchester Co Court, 4 H & McH. 283. Massey v. Massey, 4 H.
& J. 141. Hardy v. Summers, 10 G. & J. 322 Chaney v. Tipton, 11 G. & J.