Page:United States Statutes at Large Volume 76A.djvu/729

–633– -633CHAPTER 81—PARTITION BEFORE DISTRIBUTION Sec. 2101. 2102. 2103. 2104. 2105. 2106. 2107. 2108. 2109. 2110.

Partition of undivided property; commissioners. Petition; notice. Assignment of shares. Description of shares. Indivisible property. Payments for equality of partition. Sale of property. Notice of partition; proceedings of commissioners. Commissioners' report; decree of partition. Partition unnecessary unless requested.

§ 2101. Partition of undivided property; commissioners When the estate, 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 distribution may be made by three disinterested persons, to be appointed commissioners for that purpose by the court, who shall be duly sworn to the faithful discharge of their duties. A certified copy of the order of their appointment, and of the order or decree assigning and distributing the estate, shall be issued to the commissioners as their warrant, and their oath shall be indorsed thereon. Upon consent of the parties, or when the court deems it proper and ]ust, it is sufficient to appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed. § 2102. Petition; notice The partition may be ordered and had in the district court on the petition of any person interested. Before commissioners are appointed or partition ordered by the court as directed in this chapter, notice thereof shall be given to all persons interested who reside in the Canal Zone, or to their guardians, and to the agents, attorneys, or guardians, if any in the Canal Zone, of persons who reside out of the Canal Zone, either personally or by public notice, as the court may direct. The petition may be filed, attorneys, guardians, and agents appointed, and notice given at any time before the order or decree of distribution, but the commissioners may not be appointed until the order or decree is made distributing the estate. § 2103. Assignment of shares Partition or distribution of the estate may be made as provided in this chapter, although one or more of the original heirs, legatees, or devisees may have conveyed their shares to other persons, and the shares shall be assigned to the person holding the same, in the same manner as they otherwise would have been to the heirs, legatees, or devisees. § 2104. Description of shares When both distribution and partition are made, the several shares in the real and personal estate shall be set out to each individual in proportion to his right, by metes and bounds, or description, so that the shares can be easily distinguished, unless two or more of the parties interested consent to have their shares set out so as to be held by them in common and undivided. § 2105. Indivisible property When the real estate can not be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to share therein, who will accept it, always preferring the males to the females, and, among children, preferring the elder to the younger. The parties accepting the whole shall pay

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