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Dec. Ses. 1816
Person entit-
led to dower
and consenting
to a sale to be
remunerated.
Court to ap-
point a person
to make the
sale.
Proceeds to be
invested.
Proviso.
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by authorised and empowered to order and direct the sale of a cer-
tain parcel of land, containing about twenty-nine acres, more or
less, situate in Caroline county, and being all the land whereof
William Hubbard, late of Caroline county, died seized, and now
owned by his child, upon such terms as the said court shall deem
most beneficial for the said child.
2. And be it enacted, That if a right of dower shall be held in
the said property at the time of such sale, and the person holding
the same shall agree to its being sold freed from such claim, then
the court aforesaid shall allow, and order to be paid, such tenant
in dower, in payment therefor, such part of the purchase money
as they may consider reasonable and just, conforming therein
to the rules adopted in similar cases by the court of chancery of
this state.
3. And be it enacted, That the court aforesaid shall appoint a
suitable person or persons to make the sale authorised by this act,
who shall in all respects be governed by the orders of the said court,
(which they are hereby empowered to adopt) for making such
sale, for reporting the same to the court, (which they may ratify
or disallow, and order anew, if they believe the interest of the
child require it) for collecting and paying over the money arising
therefrom, and for conveying the property to the purchaser or
purchasers thereof, when the price shall be fully paid, with the
further power to said court, in case of the death of any person so
appointed, or when they shall think it necessary to revoke any
appointment, and appoint others to perform all or any of the
trusts by this act created, and to allow such compensation as they
may consider just and reasonable to the person or persons so to be
appointed, who shall, before they proceed to act, give bond to the
state of Maryland, in such sum, and with such security, as the
said court shall approve, for the faithful compliance with such or-
ders as may be made by the court aforesaid in pursuance of this
act, which bond shall be recorded among the records of said court,
and copies thereof, when attested as other copies of such re-
cords, shall be evidence in any suit or action to be brought thereon.
4. And be it enacted, That the money arising from the sale
aforesaid, which may belong to the said child, shall be invested
and employed by its guardian, under the authority and direction
of said court, in such stock or funds, or loan it in such manner as
the said court may from time to time approve and direct, the
more effectually to secure and promote the interest of said child
until it shall be of lawful age to receive and have the disposal
thereof, at which time the same shall be transferred or paid over
to the said heir; Provided, that upon the event of the death of
the said child before it shall have attained such age, the funds
arising from the sale aforesaid shall pass or descend in such man-
ner as their interest in the said property would have done had
not this law been passed.
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