ART. 46.] INHERITANCE—DIVISION AND ELECTION. 817

estate shall consist of houses, the commissioners, or a majority of
them, shall make allotment and partition between the parties.

Kilgour v. Ashcom, 5 H. & J. 82. Wilhelm v. Wilhelm, 4 Md. Ch. 330.
Catlin v. Catlin, 60 Md. 573.

P. G. L., (1860,) art. 47, sec. 41. 1820, ch. 191, sec 10. 1884, ch. 50.

41. If the estate cannot be divided into as many parts as there
are heirs, but exists in separate parcels, or can be divided into
parts less than the number of heirs, without loss or injury, then it
shall be divided into as many parts as it is susceptible of, and each
parcel shall be separately valued; then, upon the ratification by
the court of such division and valuation, the person first entitled
to election, under the provisions of this article, shall have the first
choice of one of the parcels at the valuation, and the next in order
the second choice, and so on in regular succession of right until
all the parts are taken or refused.

Jenkins v. Simms, 45 Md. 532. Catlin v. Catlin, 60 Md. 573.

Ibid. sec. 42. 1820, ch. 191, sec. 12.

42. The commissioners appointed as aforesaid, or a majority of
them, after having made partition or allotment in manner afore-
said, shall return their proceedings to the next court to happen
thereafter; and the same shall be ratified or rejected, as justice
shall dictate; and if ratified, and no appeal by either party, the
partition made as aforesaid shall be recorded, and remain and be
binding; and if rejected, a new partition shall be made and re-
turned as aforesaid, and either party may appeal from the judg-
ment of the court to the court of appeals.

Massey v. Massey, 4 H. & J. 141. Cecil v. Dorsey, 1 Md. Ch. 223.

Election.

P. G. L , (1860,) art. 47, sec. 43 1820, ch. 191, sec. 17.

43. If the estate consist of things indivisible in their nature,
then the commissioners, or a majority of them, shall proceed to ap-
praise and value the said estate, and make return thereof to the court
as hereinbefore directed; and if the judgment of the commission-
ers shall be confirmed by the court, then the person or persons
entitled under this article to elect to take other estates at the val-
52