GEORGE HOWARD, ESQ GOVERNOR.

1831

AND WHEREAS, in case of the death of trustees of real

CHAP. 311.

estate, vested, in them in fee, much expense, and trouble,

and delay, are incurred in causp in equity, by the obliga-
tion now supposed to exist, of making numerous heirs of

Case of death of
Trustee, of real
estate.

such trustees, parties to such causes; — Therefore,

Sec. 11. Be, it enacted. That where a trustee in fee tail,

Descent of legal

or fee simple, of any lands, tenements or hereditamens, who

estate directed.

shall be seized of the naked legal estate therein, without

having or being entitled to any beneficial interest or estate

whatsoever, in said lands, tenements and hereditaments,

shall die, the said legal estate shall be deemed and taken

to have descended to such person or persons as would have

been the heir or heirs of such trustee, if the act entitled,

An act to direct descents, passed at November session, of

the year seventeen hundred and eighty six, chapter forty-

four; and the art entitled, An act to amend and reduce into

one system, the laws to dnect descents, parsed at Decem-

ber session, in the 3 ear eighteen hundred and twenty, chap-

ter one hundred and ninety-one, had not been passed.

Sec. 12. And be if enacted, That the couit of chancery,

Courts authorial

or county courts, sifting as courts of equity, shall have

to decree mortgage
of property of in-

full power, on application and proceeding, in behalf of any

fants, &c.

infant or infants, in manner as is prescribed by the acts of

December session, eighteen hundred and sixteen, chapter

one hundred and fifty-four, and of December session,

eighteen hundred and eighteen, chapter one hundred and

thirty three, and of December session, eighteen hundred

and eighteen, chapter one hundred and ninety-three, to or-

der and decree the conveyance by-way of mortgage of the

interest or estate or term of years of any infant or infants

in or of any lands, tenements or hereditaments, in such form,

and under such regulations and provisions as the said court or

courts shall direct, in all cases where it shall appear for the ad-

vantage of such infant or infants, to procure monies by such

mortgage, for the benefit of such real property or estate of

said infants, or to improve the same, or to relieve it from or

to effect the payment of any charges, or incumbrances, or

impositions or otherwise, for the benefit of such infant or

infants.

Sec. 13. And he it enacted, That in all cases under this

Case of defen-

act, where all or any of the parties, defendants shall be non-

dants being non
residents.

residents, the provisions hereof shall apply, and in regard

to such defendants non-residents, whether minors or of full

age, the said court of chancery, or county courts shall pro-

ceed as in any case of defendant residing out of the state is

now authorised by law, the said court, ordering notice by

Publication of no-

publication of the substance and object of the bill, petition

tice directed.