Page:United States Statutes at Large Volume 47 Part 1.djvu/1093

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . entitl ed, if liv ing, shall be and be come a par t of his e state and the same may be distributed to the representative of his estate for the purpose of administration therein, with the same effect as if dis- tri but ed to him if living. DISTRIBUTION AND PARTITION 1069 Distribution and par- tition. SEC. 899 . EST ATE IN COM MON ; COMMISS1oNERS .-When the e state , Est ates in common_ real or personal, assigned by the decree of distribution to two or more heirs, devisees, or legatees, is in common and undivided, and the respective shares are not separated and distinguished, partition or di strib ution may be ma de by thre e dis inter ested pers ons, to be appoi nted commi ssion ers for th at pu rpose b the cou rt, who mu st By commi.‡sioners. be duly sworn to the faithful discharge of heir duties, a certified copy of the order of their appointment, and of the order or decree assigning and distributing the es ta te, m ust be issued to them as their warrant, and their oath must be indorsed thereon. U pon c on- se nt of the parties, or when the court deems it proper and just, it is sufficient to appoint one commissioner only, who has the same authority and is governed by the same ru les as if three were app oi nted. $E C. 900. PARTITION AND NOTICE THEREOF, AND THE TIME OF FILING Petitiontorpartition PETITION .-Such partition may be ordered and had in the district court on the pe titio n of any p erson inte reste d. But befor e com - missi oners are appoi nted, or p artit ion o rdere d by the c ourt as directed in this chapter, notice thereof must be given to all persons Notice . interested who reside in the Canal Zone, or to their guardians, and to the agents, att or ney s, or guardians, if any in the Canal Zon e, of su ch as reside out of the Canal Zon e, either pe rso na lly or b~ public notice, as the court may direct. The pet it ion may be filed, attorneys, guardians, and agents appointed, and notice given at any t ime before the ord er or decree of distribution, but the co mm is- sioners must not be appointed until the order or decree is made distr ibuti ng the est ate. SEC. 901. PART ITION MAY BE MAD E, AL THOU GH SOME OF '1°HE HEIRS, some owab, s,etcthough have AND SO FOR TH, H AVE P ARTED WITH THEIR INTEREST .-Partition or parted with interest. distribution of the estate may be made as provided in this chapter, although some of the original heirs, legatees, or devisees may have conveyed their shares to other persons, and such shares must be assig ned to the pers on ho lding the same, in the sa me ma nner as they o therw ise w ould have been to su ch he irs, legat ees, or- devisees. SEC. 902. SHARES TO BE SET OUT BY METES AND BOUNDS .-When both Shares to be set out distribution and partition are made, the several shares in the real by metes and bounds . and p erson al es tate must be set out to e ach i ndivi dual in pr opor- ti on to his right, by metes and bounds, or description, so that the sa me can be easily distinguished, unless two or more of the parties interested consent to have their shares set out so as to be he ld by them in common and undivided. SEC. 903. WHOLE ESTATE MAY BE ASSIGNED TO ONE, IN CERTAIN )pe&t~onsd~ tate can CAsEs .-When the real estate can not be divided without prejudice tabiy . or inconvenience to' the owners, the court may assign the whole to one or mor e of the p artie s ent itled to s hare there in, who wi ll ac cept it, always preferring the males to the females, an d, am ong children, prefe rring the elder to the yo unger . The parties accepting the whole Owelty . must pay to the othe r par ties inter ested thei r jus t pro porti on of the tr ue value thereof, or secure the same to their satisfaction, or in case of the minority of such party, then to the satisfaction of his guardian - and the true value of the estate must be ascertained and reported by the commissioners. Wh en the com mi ssi on ers appointed