1296 INHERITANCE. [ART. 46

1888, art. 46, sec. 47. I860, art. 47, 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 not residing therein at the time when such election ought to
be made, and shall not appear in court and elect, or refuse to
elect to take the said estate, or any part thereof, as the case
may be, the court shall pass an order, to be published in some
convenient newspaper at least four weeks successively, giving
notice of the return and confirmation of the commission, and
appointing some day in the term next succeeding that in which
the said order shall be passed, for such absent person to appear
in court and make his election, as aforesaid, and on proof being
made to the satisfaction of the court of the due publication as
aforesaid, and on the non-appearance of the person so absent,
it shall be lawful for the person next entitled to come in and
make election in the same manner as if the person so absent
had appeared and refused to take the estate.

Ibid sec. 48. 1860, art. 47, sec. 48. 1820, ch. 191, sec 31

48. If any person entitled to make election as aforesaid
shall be non compos mentis, or otherwise disqualified to declare
his intention, in such case the person next entitled shall be
authorized to make his election in the same manner as if 'the
person disqualified had refused to make election.

Ibid. sec. 49. .I860, art. 47, sec. 49. .1820, ch. 191, secs. 32, 33.

49. In case the eldest male shall not be of age to make his
election, it shall be lawful for the eldest female if pf the age
of twenty-one years, to elect to take the lands at the valuation
of the commissioners, notwithstanding the existence of any
male minor; and any husband may elect to take in right of his
wife.
Stevens v. Richardson, 6 H. &. J. 156.

Ibid. sec. 50. I860, art. 47, sec. 50. 1827, ch. 208, sec. 2.

50. Every person entitled to elect or refuse to take the whole
or any part of any estate at the value ascertained and returned
by the commissioners may make such election or refusal in
writing, to be signed by such person in the presence of one or
more witnesses, who shall attest the same in writing; and such
written election or refusal, when filed with the clerk among the
proceedings in the case, shall have the same effect and validity
as if such person had made his election or refusal in open
court.