§ 33-3-7. Assignment of shares by lot or agreement.
If the share of any of the parties shall be less than the share of each of the other parties, and the shares of those other parties be equal, in such case the commissioners shall set off the smaller share to such party and assign the other shares by lot; and the assignment shall also be by lot if all the shares be equal; provided, that if all the parties be sui juris the assignment may be made by agreement among themselves.
History of Section.C.P.A. 1905, § 947; G.L. 1909, ch. 316, § 15; G.L. 1923, ch. 367, § 15; G.L. 1938, ch. 567, § 15; G.L. 1956, § 33-3-7.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-3 - Division of Real Estate
Section 33-3-1. - Power of probate court — Application for division.
Section 33-3-2. - Time of proceeding — Notice.
Section 33-3-3. - Decree determining parties entitled — Appointment of commissioners.
Section 33-3-4. - Directions as to advancements.
Section 33-3-5. - Warrants to commissioners.
Section 33-3-6. - Division of property by commissioners.
Section 33-3-7. - Assignment of shares by lot or agreement.
Section 33-3-8. - Commissioners’ report.
Section 33-3-9. - Representation of infants and persons non compos mentis.
Section 33-3-10. - Real estate not disposed of by will.
Section 33-3-11. - Division of real estate devised in common.
Section 33-3-12. - Division of remainder in property.
Section 33-3-13. - Payment of expenses of division on appeal to superior court.