ART. 46] ELECTION. 1295

proceed to appraise and value the said estate, and make return
thereof to the court as hereinbefore directed; and if the judg-
ment of the commissioners shall be confirmed by the court,
then the person or persons entitled under this article to elect
to take other estates at the valuation of the commissioners
shall have the same election as it respects the estate provided
for in this section.
Catlin v. Catlin, 60 Md. 573.

1888, art. 46, sec. "44. 1860, art. 47, sec. 44. 1820, ch. 191, sec. 9.

44. If the said commissioners, or a majority of them, shall
determine that the estate cannot be divided without loss or
injury to aH the parties, they shall make return to the court of
their judgment, 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. 1860, art. 47, 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. 1860, art 47, sec. 46. 1820, ch. 191, sec. 31, 1829, ch. 32.

46. In all cases where a person is entitled by purchase or
otherwise 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.