1831

LAWS OF MARYLAND.

CHAP. 247.

sale, conveying certain property herein specified, to him

in trust, for certain purposes particularly specified in said

deed; and which said deed has been recorded among the

land records of Frederick county, but that through ignor-

ance of the law on the part of the said grantors, the wife of

said Grafton was not examined separate and apart from him

at the time she acknowledged the execution of said deed;

And, whereas, it is right and proper that the intention of said

parties should be full carried into execution, in the same

manner and to the same extent as if all the forms of law had

been fully complied with — Therefore,

Deed made valid.

Section 1 . Be it enacted by the General Assembly of Ma-

ryland, That the said deed be, and the same, after the said

Alexander Duvall complies with the requisitions hereafter

mentioned, is hereby declared to be as valid and operative,

for all the purposes specified in the same, as if the said

deed had been duly acknowledged by the said Elizabeth

W. Duvall, separate and apart from, and out of the hearing

of her said husband, and, as if the justices of the peace be-

fore whom the same was acknowledged, had certified that

the said deed was acknowledged before them by the said

Elizabeth W. Duvall, separate and apart from, and out of

the hearing of her said husband; and that she had declared

that she made such acknowledgment freely and voluntarily.

Report required.

Sec. 2. And be it enacted, That it shall be the duty of

Alexander Thomas Hawkins Duvall,to lender to the county

court of Frederick county, within twelve months after he

proceeds to discharge the trust in said deed prescribed, a

full account of all sales and mortgages made under said

deed, whether he has soH the whole or part of the land in

said deed mentioned, at what price, and on what terms, and

to whom; and in case any surplus of the proceeds of the

purchase money remains in said trustees hands, after satis-

fying the claims in said deed mentioned, it shall be, and is

hereby made his duty to invest the same in some public

fund or other security, under the direction and approbation

of the said court, and the said Grafton Duvall, shall be en-

titled, during his life, to the annual interest or dividends

thence arising; and at his death, the said capital or surplus

shall go to the children of the said Grafton and Elizabeth

W. Duvall, share and share alike, and in case it should not "

be deemed necessary to sell the whole of the said real es-

tate in said deed mentioned, then the land remaining unsold

shall be enjoyed by the said Grafton Duvall, during his life,

and at his decease, it shall go to the children of the said

Grafton, by his wife, the said Elizabeth, in fee simple, as

tenants in common.