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chancellor or the county courts as aforesaid shall, under a consi-
deration of all circumstances, think just and right.
5. And be it enacted, That the proceeds of the sales made by
and in virtue of this law, shall be- paid over by the trustee or
trustees to the guardian or guardians of such infant or infants,
to be by such guardian or guardians vested in such public stock,
or other permanent funds, as will at least net six per centum per
annum at the time of the purchase, and as the orphans court of
the county, by whom such guardian or guardians shall have been
appointed, shall direct.
6. And be, it enacted, That the surplus interest, after what may
be necessary for the maintenance and education of the said infant
or infants respectively, as it accrues, shall be vested by such
guardian or guardians, in such stock as aforesaid, and as the or-
phans court shall and may direct as aforesaid.
7. And be it enacted, That all monies vested by and in virtue
of this law, shall be vested in the name of such infant or infants,
and shall be transferrable only by virtue of an order of the or-
phans court aforesaid, and all transfers without such order are
hereby declared void to all intents and purposes.
8. And be it enacted, That no part of the principal arising
from the sale of any real estate by virtue of this law, shall in any
wise be applied towards the maintenance or education of any in-
fant, unless the chancellor or the county court, as the case may
be, shall consider it necessary for the education or maintenance of
the minors.
9. And be it enacted, That in case of the death of any such
infant or infants before their arrival at lawful age, or his, her,
or their death without lawful issue, the proceeds of the said sale,
or the said stock, shall be considered as real estate, and as such
shall descend to those heirs or representatives who would be
entitled to the said lands, in the same manner as if the same
had not been sold in virtue of this law.
10. And be it enacted, That in case a widow shall be entitled to
any right of dower, and will consent to the sale of the whole estate,
she shall signify her consent in writing, and the same shall be
filed with the clerk of the county court, or the register of the
chancery, as the case may be, and thereupon the trustee or trus-
tees as aforesaid, shall proceed to sell the whole estate, accord-
ing to the terms to be prescribed as aforesaid, free and disencum-
bered of any right of dower of the said widow in and to the
same, and in consideration thereof the chancellor, or county
courts respectively, shall award to such widow such proportion
of the purchase as he or they shall think just and equitable, not
exceeding more than one seventh part nor less than one tenth
part of the net proceeds of the said sales, according to the age,
health and condition, of such widow, and such award of payment
shall be a sufficient bar to all and every right or title of dower
which such widow may claim in and to such real estate so as
aforesaid sold.
11. And be it enacted, That in case the widow shall not elect,
that the lands, tenements or hereditaments, so ordered to be
sold, shall be sold free, clear and unencumbered of any right of
dower which she may have in and to the same, then and in that
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Dec. Ses. 1816
Proceeds to be
invested.
Surplus to be
invested.
Transfers.
Principal not
to be applied
to the educati-
on of infants,
unless, &c.
How property
is to descend,
in case of in-
fant's death.
Award to wi-
dow entitled
to dower and
consenting to a
sale.
Proceedings in
case widow
does not con-
sent.
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