JOSEPH KENT, ESQUIRE, GOVERNOR.

1826.

as the said James, and Susan his wife, if she were now living,
could by a conveyance by them executed, acknowledged and
recorded according to law.

CHAP. 38.

2. And be it enacted, That the said James J. Bourne, on the
receipt of the purchase money, shall by a good and sufficient ]
deed, duly executed and acknowledged agreeably to law, grant,
bargain and sell, make over and convey, unto the said Nathani-
el Dare, his heirs and assigns, forever, all the right, title, inte-
rest and estate, of the said Margaret A. Bourne, Mary D< Bourne,
John D. Bourne and James J. Bourne, the children of the said
Susan Bourne, deceased, of, in and to, the land and premises
aforesaid.

On the receipt of
purchase money
10 give a deed

3. And be it enacted,. That it shall and may be lawful for the
orphans court of Calvert county, and they are hereby required,
to ascertain and determine what portion of the whole purchase
money for which said land was as above contracted to be sold
by the said James, and the said Susan his wife, to the said Na-
thaniel Dare, the said James J. Bourne is entitled to be al-
lowed for his life estate in said land as tenant by the curtesy,
not allowing more than a third, nor less than a seventh; and al-
so what portion of the balance of said purchase money
each of the children of the said James, and the said Susan his
wife, are respectively entitled for their distributive share thereof.

Orphans court
to ascertain porti-
ons of purchase
money, &e.

4., And be it enacted, That on the payment of the purchase
money, and interest thereon, the said Nathaniel Dare, his heirs
and assigns, shall have and hold the said land and premises, free
and clear of all claims and demands of the said Margaret A.
Bourne, Mary D. Bourne, John D. Bourne and James J. Bourne,
and their heirs, forever hereafter.

On payment
thereof N. Dare to
hold said land

5. And be it enacted, That the said James J. Bourne, the
petitioner, shall give bond, payable to the state of Maryland,
with two sureties to be approved of by the orphans court of
Calvert county, in the penalty of ten thousand dollars, conditi-
oned for the payment to the said Margaret A. Bourne, Mary
D. Bourne, John D. Bourne and James J. Bourne, their heirs
and assigns, of their distributive shares of the purchase money
aforesaid, and interest thereon from the death of the said Susan,
their mother, except so far as the interest aforesaid, or any part
thereof, may be applied to the maintenance and education of
the said Margaret A. Bourne, Mary D. Bourne, John D. Bourne
and James J. Bourne, by the provisions of this act

J J. Bourne to
give bond

6. A?id be it enacted, That such part of the said purchase
money as may be the right and estate of the said Margaret A.
Bourne, Mary D. Bourne, John D. Bourne and James J. Bourne,
shall be invested as the same may be received by the said James
J. Bourne, the petitioner, in real estate, or in such fund or stock
ef the United States, or bank stock of the state of Maryland,
bearing interest, as the orphans court of Calvert county may
deem most beneficial for the interest of the parties concerned;
and that so much of the interest of the said purchase money,
or annual proceeds from said real estate, or fund or stock of the
United States, or bank stock, as may be necessary for such
purpose, shall be equally appropriated and applied, under the
direction of the orphans court of Calvert county, to the main-

May invest mo-
ney