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LAWS OF MARYLAND.
Guither Cole and William Edward Cole, children and infant
heirs of John Cole, late of St. Mary's county, deceased, by
Benjamin G. Cole, their next friend, that their deceased father
died, seized, and possessed of a valuable estate, both real and
personal, and that just before his death, he purchased a valuable
real estate, upon which he made considerable improvements,
for a large sum of money, all of which purchase money, was
paid at the time of his decease, except eight hundred dollars:
And whereas, They have also represented, that their deceased
father owed other debts, which together with the money due for
the said real estate, cannot be paid without exhausting nearly the
whole of his personal estate, and that if the personal estate,
should be exclusively applied to the payment of the same, they
will be unable to cultivate the said real estate the product of
which is indispensable to their support and maintenance and
have prayed this General Assembly to pass a law authorising a
sale of the wood and timber now growing and standing upon the
real estate, so purchased by John Cole, just before his decease
as will liquidate the balance of the purchase money, that they
may thereby be enabled to retain such a proportion of the said
personal estate as will be necessary for the cultivation of the real
estate aforesaid; and the same appearing to the advantage of the
said children and heirs: Therefore, |
65
Dec. Ses. 1825. |
Sec. 1. Be it enacted by the General Assembly
of Maryland,
That the justices of the orphan's court of Saint Mary's county
shall have full power and authority, on the petition of said children
and heirs, by their next friend, of John Cole, late of Saint
Mary's county, deceased: Provided, They shall be satisfied
that it will conduce to the benefit of the said children and secure
the interests of the creditors of the said John Cole deceased; to
order a sale of so much of the timber and woos that may be
standing and growing upon any of the real estate of John Cole
deceased in which he may have a legal or equitable interest as
will be necessary to pay and liquidate the balance of the purchase
money for the said real estate, and to appoint a trustee or
trustees for the purpose of effecting such sale. |
Sale of wood
conditionally
authorised. |
2. And be it enacted, That before any
trustee or trustees who
shall be appointed under the authority granted by the provisions
of this act, shall proceed to affect such sale, he or they shall give
bond in the name of the state for the faithful discharge of his or their
trust with good and sufficient security to be approved by
the said justices, which bond shall be deposited with the register
of wills of St. Mary's county, to be by him recorded among the
proceedings of the orphan's court of said county, and shall be
subject to be put in suit by any person or persons interested
therein, and that a copy of said bond certified by the said register
under the seal of the said court, shall be as good and sufficient
evidence in any court of this state, as the original would
be if produced and proved. |
Trustee—
bond. |
3. And be it enacted, That the trustee
or trustees to be appointed
by the order of the justice aforesaid, shall appropriate |
Appropriate
the money to
extinction of
debt. |
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