ROBERT M. McLANE, ESQUIRE, GOVERNOR.

139 A. Whenever an account is passed in the or-
phan's court, either by an executor or administrator,
whereby distribution of chattels real is made to the
legatees thereof, or to the parties thereto entitled in

55

the course of distribution, the orphan's court shall,
upon the passing of such account, pass an order direct-
ing the executor or administrator to convey such chat-
tels real to the distributees or legatees thereof; and
the executor or administrator shall thereupon so con-
vey the same to such distributees or legatees by a
proper deed, to be executed, acknowledged and re-
corded according to law.

Approved March 7, 1884.

Distribution or
chattels real.

Chapter 50.

AN ACT to repeal, amend and re-enact section forty-
one of article forty-seven of the Code of Public
General Laws, title " Inheritance," respecting elec-
tion, when the estate is divided into parts less than
the number of heirs.

SECTION 1. Be it enacted by the General Assembly
of Maryland, That section forty-one of article forty-
seven of the Code of Public General Laws, title
" Inheritance," be and the same is hereby repealed,
amended and re-enacted, so as to read as follows :
SEC. 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

Repealed,
amended and
re-enaeted.

be divided into as many parts as it is susceptible of,
and each parcel shall be separately valued; then upon
the ratification of the court of such division and valua-
tion, 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 succes-
sion of right, until all the parts are taken or refused.

Approved March 7, 1884

Divided in-
to susceptible
parts.