818 INHERITANCE—ELECTION. [ART. 46.

nation of the commissioners, shall have the same election as it
respects the estate provided for in this section.

Catlin v. Catlin, 60 Md. 573.

I P. G L., (1860,) art. 47, sec. 44. 1820, ch. 191, sec. 9.

44. If the said commissioners, or a majority of them, shall de-
termine that the estate cannot be divided without loss or injury to
all the parties, they shall make return to the court of their judg-
ment, and the reason upon which the same is formed, and the real
value of the estate in current money, subject to the encumbrance,
if any, thereon; and if the judgment of the commissioners shall
be confirmed by the court, then in the said court and before the,
expiration 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.

Chaney v.Tipton, 11 G & J. 253 Wilhelm v. Wilhelm, 4 Md Ch. 330.
Chaney v. Tipton, 3 Gill, 327 Catlin v. Catlin, 60 Md. 573.

Ibid. sec. 45. 1820, ch. 191, sec. 9.

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, and so on to the youngest child or person entitled.

Ibid sec. 46. 1820, ch, 191, sec. 31. 1829, ch. 82.

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 have the right
to proceed under this article, and the same right of election as
the heir would have had under whom he claims.

Jarrett v. Cooley, 6 H & J. 258 Chaney v. Tipton, 3 Gill, 327. Jenkins v.
Simms, 45 Md 532.

Ibid. sec. 47. 1820, ch. 191, sec. 13.

47. If any person entitled to make election to take the estate
of any intestate as aforesaid, shall be absent from the county, or