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Session Laws, 1810
Volume 599, Page 13   View pdf image
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EDWARD LLOYD, ESQUIRE, GOVERNOR. NOVEMBER

1810.

III. AND BE IT ENACTED, That before the said trustee shall make any sale in virtue of this act,
he shall file with register of the court of chancery, and bond, in such penalty, and with such se-
curity, as shall be approved of by the chancellor, conditioned for the faithful performance of the
trust reposed in him by this act.

IV. AND BE IT ENACTED, That the chancellor be and he hereby is authorised and empowered,
on application of the said trustee, to direct and order the terms and conditions of the sale of the
said real estate, or of such part thereof as he shall judge most for the interest of the heirs of the
said deceased; and on the petition of the said Elizabeth Gwinn, widow of the said deceased, the
chancellor may order and decree that the said trustee pay over unto her out of the proceeds of the
sale of the said real estate, such part thereof as he may deem equal to the value of her right of
dower in the premises.

V. AND BE IT ENACTED, That the said trustee shall have full power to cause all or such parts
of the said real estate directed to be sold, to be surveyed and laid off in such parcels and propor-
tions as he may judge to be most advantageous and convenient for the sale thereof, and he shall
make return of all his proceedings in the premises to the court of chancery, there to be recorded.

VI. AND BE IT ENACTED, That the money arising from the sale of the real estate, to be sold
as aforesaid, and paid to the guardian or guardians of the said children, or either of them, shall be
laid out by the said guardian or guardians in the purchase of such public stock, or other permanent
funds, as will at least net six per centum per annum at the time of purchase, and the surplus inte-
rest, after what may be necessary for the support, maintenance and education, of the said children,
shall, as it arises, be applied in the same manner.

VII. AND BE IT ENACTED, That if there shall be no guardian or guardians regularly appointed
to the said children, then the said trustee shall deliver over to the said Elizabeth Gwinn, as the
mother and natural guardian of the said children, the personal property directed as aforesaid to be
purchased from the said administrator, to be by her safely kept, without loss or damage, and upon
the arrival at age of the said children, or either of them, or of the marriage of either of them, to
deliver over to such child so arriving at full age or marrying as aforesaid, a just and equal moiety
of the said personal property and increase thereof; and in case of the death of the said children,
or either of them, before their arrival at age as aforesaid, then the said personal property and in-
crease as aforesaid, to be delivered over to the legal representative of the said child or children,
or to the person or persons legally entitled to receive the same.

VIII. AND BE IT ENACTED, That if there shall be no guardian or guardians as aforesaid, then
the balance of the proceeds of the sale as aforesaid, which the said children may be entitled to as
aforesaid, shall be laid out by the said trustee, under the directions of the orphans court of Anne-
Arundel county, in the purchase of such public stock, or other permanent funds, as will at least
net six per centum per annum at the time of the purchase, and such part of the interest arising
therefrom, during the minority of the said children, which shall or may be deemed by the orphans
court of Anne-Arundel county sufficient for the support, maintenance and education, of the said
children, or either of them, during their minority, shall be paid over by the said trustee to the said
Elizabeth Gwinn, to be by her applied to the support, maintenance and education, of the said chil-
dren; and the said Elizabeth Gwinn shall, every six months, render to the orphans court aforesaid,
a true and just account of the manner in which the sum of money so to be paid to her shall be ex-
pended as aforesaid, and if the same shall not be laid out and expended by the said Elizabeth Gwinn
in the manner directed, then the orphans court aforesaid shall and may order and direct, that the
said money be paid to some other person for the purposes aforesaid, who shall, every six months,
render to the orphans court aforesaid a true and just account as aforesaid.

IX. AND BE IT ENACTED, That the surplus interest, after what may be necessary for the sup-
port, maintenance and education, of the said children respectively, as it arises, shall be applied by
the said trustee, under the directions of the orphans court aforesaid, in the purchase of public
stock, in the manner herein before mentioned.

X. AND BE IT ENACTED, That all and every sum or sums of money which shall or may remain
due to the children of the said deceased, or either of them, from the administrator of the said de-
ceased, after a final or other settlement with the orphans court of his said administration, or the
passing of any account, if the said children shall not then be of age, shall be laid out by the said
administrator in the purchase of stock in the manner herein before mentioned and directed.

CHAP.

XXV.



 
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Session Laws, 1810
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