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Laws of Maryland 1785-1791
Volume 204, Page 414   View pdf image (33K)
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1789.
 

Passed December
22.

                                    LAWS of MARYLAND.

                                            CHAP. XXXIII.
An ACT to enable the chancellor to direct a sale of the real
    estate of John Mitchell, late of Sussex county, in the Delaware
    state, deceased, for the payment of his debt.

Preamble.     WHEREAS it hath been represented to this general assembly, by the
humble petition of James Bratten, John Mitchell and Cyrus Mitchell,
executors of the last will and testament of John Mitchell, late of
Sussex county, in the Delaware state, deceased, that the said John Mitchell died
in the said state considerably indebted, and leaving real and personal estate, as
well in the said state of Delaware as in the state of Maryland; that from the
number of suits prosecuted against them, and the payment of debts, the personal
estate of the said John Mitchell is almost entirely exhausted; and that sundry just
claims and demands against the said executors yet remain to be satisfied, and
cannot be discharged for want of a sufficiency of personal assets:  And whereas it
is also represented, that the said John Mitchell, by his said last will, devised his
real estate, lying and being in the said counties of Somerset and Worcester, within
this state, to a relation in the kingdom of Ireland, who, by the laws of this
state, is incapable to hold and enjoy the same, and afterwards died seized of the
said real estate, leaving no lawful issue, or other person, in this state or elsewhere,
capable by law to hold the same, whereby the said real estate hath become escheated
to this state for want of heirs of the said John Mitchell:  And whereas it is just
and reasonable that the fair and lawful debts of the said John Mitchell, upon a
satisfactory exhibition thereof, should be paid and discharged before the state shall
interfere to take the benefit of such escheat; but for want of power to apply the
said real estate to the payment of the debts, the said petitioners have prayed that
an act may be passed to direct a sale of such estate, for this purpose:  Therefore,
Chancellor,
on application,
to appoint
trustees, &c.
    II.  Be it enacted, by the General Assembly of Maryland, That upon the
application of any three or more of the most principal creditors of the said John
Mitchell, by petition, to the chancellor of this state, stating the nature and evidence
of their respective debts, it shall and may be lawful for the said chancellor
to appoint three discreet and judicious persons, residing in the counties of Somerset
and Worcester, or in either of them, as trustees to take the possession and
charge of all the real estate, lands, tenements and hereditaments, of the said John
Mitchell, deceased, lying and being in the respective counties aforesaid, or elsewhere
in this state, and the same to manage, sell and dispose of, to the best advantage,
according to the directions of the said chancellor; and the said trustees,
upon receiving a certificate of their appointment, and before they shall proceed to
act as such, shall appear at the next, or any succeeding session of the court to be
holden for Somerset county which shall happen thereafter, and shall then and
there enter into bond, with such security as the justices of the said court shall
deem sufficient, to this state, in the sum of two thousand pounds current money,
jointly and severally, in the usual form; the condition of which bond shall be
such, that if the said trustees shall well and faithfully, in all respects, discharge
and perform the trust reposed in them by this act, according to the true intention
and meaning thereof, and in pursuance of the directions of the chancellor of this
state, without fraud or delay, then the said bond shall be void, otherwise the
same shall remain in force and virtue; and a certificate of the execution of such
bond shall be endorsed thereon by any two fo the said justices before whom the
same shall be sealed and delivered, and thereupon the said bond shall be filed with
the clerk of the county, and be by him forthwith recorded among the proceedings
of the court, and be thereafter transmitted to the register of the court of
chancery for safe custody; and a certified copy of such bond from the records of
Somerset county, under the hand of the clerk, and the seal of his office, shall be
a sufficient ground of action to any person or persons who shall be injured or aggrieved
by the said trustees in the execution of their trust.
Who shall appoint
a day to

meet, &c.
    III.  And be it enacted, That the said trustees, after the qualification aforesaid, 
shall forthwith appoint a certain day, not less than thirty days thereafter, when
they shall meet at the town of Salisbury, in the county of Somerset aforesaid, for


 
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Laws of Maryland 1785-1791
Volume 204, Page 414   View pdf image (33K)
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