Page:United States Statutes at Large Volume 76A.djvu/730

–634– -634to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction, or in the case of the minority of a party, then to the satisfaction of his guardian; and the true value of the estate shall be ascertained and reported by the commissioners. When the commissioners are of the opinion that the real estate can not be divided without prejudice or inconvenience to the owners, they shall so report to the court and recommend that the whole be assigned as herein provided, and shall find and report the true value of the real estate. On filing the report of the commissioners, and on making or securing the payment provided, the court, if it appears just and proper, shall confirm the report, and thereupon the assignment is complete, and the title to the whole of the real estate vests in the person to whom the same is so assigned, § 2106. Payments for equality of partition When a tract of land or tenement is of greater value than any one's share in the estate to be divided, and can not be divided without injury to it, it may be set off by the commissioners appointed to make partition to any of the parties who will accept it, giving preference as prescribed by section 2105 of this title. The party accepting shall pay or secure to the others such sums as the commissioners shall award to make the partition equal, and the commissioners shall make I heir award accordingly; but the partition may not be established by the court until the sums awarded are paid to the parties entitled to them, or secured to their satisfaction. § 2107. Sale of property When it appears to the court, from the commissioners' report, that it can not otherwise be fairly divided and should be sold, the court may order the sale of the whole or any part of the estate, real or personal, by the executor or administrator, or by a commissioner appointed for that purpose, and the proceeds distributed. The sale shall be conducted, reported, and confirmed in the same manner and under the same requirements provided by chapter 71 of this title. § 2108. Notice of partition; proceedings of commissioners Before a partition is made or an estate divided, as provided in this chapter, notice shall be given by the commissioners to all persons interested in the partition, or their guardians, agents, or attorneySj of the time and place when and where they will proceed to make partition. The commissioners may take testimony, order surveys, and take such other steps as may be necessary to enable them to form a judgment upon the matters before them. § 2109. Commissioners' report; decree of partition The commissioners shall report their proceedings, and the partition agreed upon by them, to the court, in writing. The court may, for sufficient reasons, set aside the report and commit it to the same commissioners, or appoint others. WTien the report is finally confirmed, a certified copy of the judgment, or decree of partition made thereon, attested by the clerk under the seal of the court, shall be recorded in the office of the registrar of property. § 2110. Partition unnecessary unless requested When the court makes a judgment or decree assigning the residue of an estate to one or more persons entitled to it, it is not necessary to appoint commissioners to make partition or distribution thereof, unless the parties to whom the assignment is decreed, or some of them, request that the partition be made.

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