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The Maryland Code Public General Laws, 1904
Volume 393, Page 1285   View pdf image (33K)
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ART. 46] INHERITANCE. 1285

27. Child or children to take by rep-
resentation.
28. Entails created before January
1, 1788.
29. Child legitimated by subsequent
marriage of parents and
acknowledgment by father.
30. Inheritance among illegitimate
children.
31. Hotchpot and advancement.

Division and Election.

32. Commissioners, how appointed;
oath of.
33. Majority of, when qualified, may
act.
34. Notice required to parties Inter-
ested.
35. Court to appoint a guardian for
minor not having one.
36. Notice required to non-residents
interested.
37. Recital of notice prima fade suf-
ficient.
38. How commissioners shall divide
lands susceptible of division.
39. How commissioneis shall divide
lands not susceptible of divis-
ion.
40. Survey to be made of lands divis-
ible Into as many parts as
heirs; several shares to be
allotted to parties.
41. If lands not thus divisible, to be
divided into as many parts as
practicable; election by par-
ties successively entitled.
42. After partition, proceedings to
be returned to court for ratifi-
cation.
Election.
43 Proceedings where estate is indi-
visible
44. Election by eldest son.
45. If he refuses, the next eldest son
to elect, and so on.
46. Where a person is entitled to
estate of one heir and cannot
agree with other heirs.

47. Absence of party entitled to elec-
tion , notice by publication to.
48. If non compos, person next enti-
tled shall elect
49. If eldest male be not of age,
eldest female of age shall elect.
50. Election or refusal may be in
writing.
51. Person electing to take shall
give bond to other persons.

Sales by Commissioners.

52. If all parties refuse to elect,
lands shall be sold by commis-
sioners.
53. Where all parties are minors,
estate not to be sold until
eldest arrives at age.
54. Bonds for the purchase money
payable to each representa-
tive.
55. Bond to the State for the whole
unpaid purchase money; bond
to be lien on the land.
56. Failure of purchaser to comply ;
proceedings upon.

57. Life estate of surviving husband.
58. Sale free of such life estate.
59. Allowance to such tenant for life.
60 Where such estate is acquired
after return but before sale,
return shall be altered accord-
ingly.

61. Life tenant under deed or devise;
same proceedings to be had.
62. Widow's dower to be laid off
63. Consent of widow to sale; allow-
ance out of proceeds
64. Compensation to commissioneis,
how paid.
65. Deed to the party electing upon
payment of valuation.
66. Deed to the purchaser.
67. Deed to assignee or representa-
tive of purchaser.
68. Vacancies amongst commission-
ers, how to be filled.
69. Court may order deed to be
made to purchaser.
70. Proceedings not to be set aside
for matter of form.



 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1285   View pdf image (33K)
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