|
SEC. 37. And be it enacted. That if any person shall become
entitled, as tenant by the courtesy, to an undivided part of the
real estate of an intestate, after the return of tjie commissioners
aforesaid, and before the sale or division thereof, the chancellor
or county court shall be and they are hereby empowered, to
order that the commissioners shall alter and change their return,
and the commissioners shall upon service of the said order, pro-
ceed to alter their return, in such manner as that the tenant by
the courtesy shall come in for his proportionable share of the
said intestate's estate, with those who by law may be entitled to
|
If any per-
son shall
become en-
titled ag te-
nant by the
courtesy
after the re-
turn of com-
missioners,
and before
a sale or
division,
return to
be altered,
&c.
|
|
take as heirs of the intestate.
SEC. 38. And be it enacted, That where any person is enti-
tled by deed or devise to a life estate in an undivided part of the
real estate of an intestate, the same proceedings shall be had as
are directed by this act with regard to tenancies by the courtesy;
and where any person is entitled by deed or devise to the re-
mainder after such life estate, the same proceedings shall be had
as are directed by this act, where a person is entitled to an
undivided part of an intestate's estate, subject to a tenancy by
the courtesy.
|
Where a
person is
entitled to
a life estate,
&c. in an
undivided
part, &c.
same pro-
ceedings to
be had as
directed
with regard
to tenancies
by the
courtesy.
|
|
SEC. 39. And be it enacted. That where a person is entitled
to an undivided part of an intestate's real estate by devise in
fee, the same proceedings shall be had as directed with regard
to purchasers as aforesaid.
SEC. 40. And be it enacted, That in any case wherein all the
commissioners appointed by the court of chancery, or by any
county court, shall die before having completely executed the
commission directed to them, or any order made in connection
therewith, it shall and may be lawful for the chancellor, or such
county court by whom such commission shall have been award-
ed, on the application by petition, in writing of any heir, repre-
sentative, purchaser, or other party interested, to appoint other
discreet and sensible men for the purpose of proceeding in the
execution and completion of the commission originally issued,
or of any order made in pursuance thereof, and every such
petition shall set forth the substance of the first application, the
issuing of the commission, the progress which the commission-
ers shall have made towards the execution thereof, and their
decease, that the chancellor or court may be better enabled to
understand what remains to be completed ; and thereupon the
said chancellor, or court, being first satisfied of the truth of what
the petition shall allege, shall be, and they are hereby autho-
rized and empowered, to nominate and appoint two, three, or
more commissioners, according to the progress made by the
deceased commissioners, for the purpose of completing the exe-
cution of the said commission, or of any order relating to the
same.
|
Where
entitled by
devise in
fee, same
proceedings
shall be
had as
regards pur-
chasers.
Where all
the commis-
sioners die,
leaving
commission
&c. unexe-
cuted,
others may
be appoint-
ed, &c,
|
