, 1854-06-10
OLYMPIA WASHINGTON TERRITORY SATURDAY, JUNE 10 1884

| OF the persons interested in the estate, but
before any partition shall be ordered as di
rected in this act, notice shall be given tc
= all persons interested, who shall reside in
this Territory, or to their guardians and to
; agents, attorneys or guardians if there be
any in this Territory, of such as reside out
OF the Territory, either personally or by
public notice as the probate Judge may di,
rect.
Sec. 208. Partition of the real estate
may be made as provided in this act al
though some of the original heirs or devi-
sees may have conveyed their shares. to
other persons and such shares shall be as
signed the person holding the same in the
same manner as they otherwise would have
been to such heirs or devisees.
Sec. 209 The several shares in the
real and personal estate shall be set out to
each individual in proportion to his right,
by such metes, bounds and descriptions
that the same may be easily distinguished,
unless two or more Of the parties shall con.
sent to have their shares set out So az 10
be held by them in common and undivided
Sec. 2lO. When any such real eta te
cannot be divided without prejudice or in
convenience to the owners, the probate
court may assign the whole to one or more
OF the parties entitled to share therein, who
will accept it, always prcferring the males
to the females, and among children prefer
ing the elder to the younger, providing the
party so accepting the whole shall pay to
the other parties interested, their Just pro-
portion Of the true value thereof or secure
the same to their satisfaction, and the true
value Of the estate shall be ascertained by
commissioners appointed by the probate
court and sworn for that purpose.
Sec. 2l1. When any tract Of land or ten
ement shall be of greater value than either
party's share in the estate to be divided,
and cannot be, divided without injury to
the same, it may be set of by the commits
sioners appointed to make partition to Ell
ther of the parties who win accept it, Civ
ing preference as prescribed in the prece-
ding sections provided the party so accep-
ting shall pay or secure TO one or more of
the others, such sums as the commissioners
shall award to make the partition equal,
and the commissioners shall make their
award accordingly; but such partitions
shall not be established by the court, until
the sums so awarded shall be paid to the
parties entitled to the same, or secured to
their satisfaction.
Sec. 2l2. When it cannot be otherwise
fairly divided, the whole or any part of
the estate, real or personal, may be recon-
mended by the commissioners to be sold /;
and II the report be confirmed, the court
may order sale by the executor or ad-
mlnistrator, or by an agent appointed for
the purpose, and distribute the proceeds.
Sec. 2l3. When partition of real es-
tate among heirs or devisees shall be re-
qulred, and such real estate shall be undi-
vided and in common with the real estate
OF any other person, the commissioners
shall first divide and sever the estates of
the deceased, from the estate with which it
lies in common and such division so made
and established by the probate court, shall
be binding upon all the persons interested.
Sec. 2l4. Before any partition shall be
made, or any estate divided, as provided in
this act, guardians shall be appointed for all
minors and insane persons interested in the
estate to be divided and some discreet
person shall be appointed to act as agent
for such parties as reside out of the Terrific
ry and notice Of the appointment of such
agent shall be given to the commissioners
in their warrant and notice shall be Civ
en- to all persons interested in the partition,
their guardians or agents, by the commits
sioners, of the time when they shall proceed
to make partition. r
Sec. 2l6. The commissioners shall make
a report of their proceedings in writing,
to probate court and the court may for
sufficient reasons set aside such report, and
remit the same to the same commissioners,
OF appoint others and the report, when
finally accepted and established, shall be
recorded in the probate court, and copy
thereof attested by the Judge of probate,
under the seal Of court, shall be recorded
in the Office of the recorder of the county
where the land lies.
Sec. ZIG. When the probate court shall
make decree assigning the residue Of any
estate to one or more persons entitled to
the same, it shall not be necessary TO ap-
point commissioners to make partition or
distribution of such estate, unless the par
ties to whom the assignment shall have
been decreed, or some of them, shall re-
quest that such partition be made.
Sec. 2l7. All questions as to advance
ments made, or alleged to have been made
by the deceased, to any heirs, may be heard
and determined by the probate court, and
shall be specified in the decree assigning
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