ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER,
|
1807.
|
fered, to sell and dispose of at public auction, after such notice and on such terms and conditions as
they may deem most advantageous for those concerned, of the real estate of said Isaac Handy,
and upon payment of the purchase money, or having the same secured to be paid to their satisfaction,
to transfer and convey, by good and valid deed or deeds, to the purchaser or purchasers thereof,
and1 the 'money arising therefrom, after defraying all legal and necessary expenses attending the
same, to apply as follows, to wit: To pay over to such of said petitioners as shall have arrived at
the age of twenty-one years, their proportion of said purchase money, and to invest the proportion
'of such of said petitioners as may not have arrived at the age of twenty-one years, in such funds,
or in such manner, as they may deem most beneficial for those entitled to receive the same, until
they shall arrive at the age of twenty-one years, when they shall transfer to said petitioners, as they
respectively arrive at age, their proportion of the funds or securities in which they may have in-
vested the same.
|
CHAP.
CXXXV.
|
III. BE IT ENACTED, That the said William Handy and James Ritche, or the survivor of them,
be and they are hereby authorised to pay over to Betsy Handy, the widow of said Isaac Handy, such
sum as they may be of opinion is equivalent to her right of dower, and which she may be willing to
accept, or to secure the payment of one third of the interest of the neat amount of said purchase
money to the said Betsy Handy, during her life, in lieu of her dower in said real estate.
|
To pay over to
the widow, &c.
|
IV. BE IT ENACTED, That the said trustees, or the survivor of them, be and they are hereby
authorised to survey, lay out and divide, the said real estate, in such manner, and to sell the same
in such parcels, as they may deem most desirable.
|
Survey, &c. the
real estate, &c.
|
V. BE IT ENACTED, That before said William Handy and James Ritche proceed to act as trus-
tees as aforesaid, by virtue of this act, they shall enter into bond to the state of Maryland, with
such securities, and In such sum, as the orphans court of Somerset county may order, conditioned
for the faithful performance of the trust reposed in them by this act, which said bond shall be filed
and recorded in the orphans court of Somerset county, and any person interested in the execution
of this trust, may put said bond in suit for their use, and a certified copy of said bond shall in any.
such suit be received in evidence in the same manner as the original bond might or could be.
CHAP. CXXXVI.
|
And enter into
bond, &c.
|
A Further additional supplement to the act, entitled, An act for
amending, and reducing into system, the laws and regulations
concerning last wills and testaments, the duties of executors, ad-
ministrators and guardians, and the rights of orphans and other
representatives of deceased persons.
|
Passed 20th of
January, 1808.
|
BE IT ENACTED, by the General Assembly of Maryland, That after the first day of October next the
crop growing upon land devised by any deceased person, and by him or her begun, shall be
deemed and considered as assets in the hands of an executor or administrator, in the same manner
that the crop growing upon land not devised is.
|
Crop devised
deemed assets,.
&c.
|
II. AND EE IT ENACTED, That if any security of a guardian, appointed ly virtue of the act to
which this is a supplement, shall conceive him or herself in danger of suffering from the surety-
ship, he may apply to the orphans court by which such guardian was appointed, and the said court
may call on such guardian to give counter security, and if the said guardian shall not, within a fixed
reasonable time, give such counter security, the said court may revoke the appointment of such
guardian, and appoint a new guardian; and in case the guardian whose appointment is revoked as
aforesaid, shall refuse or neglect, in a reasonable time after demand, to deliver over to such new
guardian the property of the ward, the said court may compel the same by attachment, and may
direct the bend of such displaced guardian to be put in suit.
|
Security may
apply to the
court, &c.
|
III. AND BE IT ENACTED, That it shall and may be lawful for the several orphans courts in this
state to call upon any executor or administrator, to whom letters testamentary or of administration
have been by them respectively granted, to give new security, to be approved of by such court, and
if such executor or administrator shall refuse or neglect to give such new security within a fixed
reasonable time, the said court may revoke such letters testamentary or of administration, and ap-
point a new administrator or administrators, and in case such executor or administrator shall refuse
or neglect, in a reasonable time after demand, to deliver over to such new administrator or admini-
|
Courts may call
upon executors,
&c.
|
|
|