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Dec. Ses. 1816
Proviso.
Sale to be rati-
fied by orphans
court.
Commission.
In case of mi-
nors death pro-
perty to des-
cend as if act
had not passed.
Bond to be re-
corded.
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the aforesaid Charles Cox purchased from a certain John Jenkin-
son of the same county, and that was conveyed by the said John
Jenkinson, of the same county, to the said Charles Cox, by a deed
of bargain and sale, bearing date the twenty seventh day of
April, in the year eighteen hundred and two, and recorded among
the land records of Talbot county court, in liber J. L. No. A,
folios 382 and 583, and which, upon the death of the said Charles
Cox, descended to the aforesaid Susan Cox and Lydia Cox, his
only heirs at law; and the said Elizabeth Cox is hereby further au-
thorised and empowered, upon the receipt of the purchase mo-
ney, to convey the said lot of land, with the buildings thereon,
to the purchaser, or purchasers, or his, her, or their heirs or as-
signs, which deed of conveyance, being duly made, acknowledged
and recorded, according to law, shall be sufficient to convey all
the right, title, claim and interest, of the said Susan Cox and Ly-
dia Cox, in and to the said lot of land, and all and singular the
buildings and improvements thereon; Provided nevertheless, that
before the said Elizabeth Cox shall proceed to make the said sale
under and in virtue of this act, she shall duly enter into, and exe-
cute a bond to the said Susan Cox and Lydia Cox, in the penal-
ty of two thousand dollars, with good security to be approved of
by the orphans court of Talbot county, and shall lodge the same
with the register of wills of the said court, with condition to the
same, that she will well and faithfully perform and fulfil the trust
reposed in her by this act, and account with, or pay over to,
the said Susan Cox and Lydia Cox respectively, or their execu-
tors, administrators or assigns, their respective shares of the
money or monies which shall or may be actually received from
the purchaser or purchasers on account of his or their purchase,
after deducting such commission as shall and may be allowed by
the orphans court aforesaid to the said Elizabeth Cox, for her
costs, expenses and services, in selling the said property.
2. And be it enacted, That no sale made by the said Elizabeth
Cox by virtue of this act, shall be valid or good until the same
shall be ratified and approved of by the orphans court of Talbot
county aforesaid, and in case such sale shall be rejected by the
said court, then the said Elizabeth Cox shall proceed to sell
again the said property, and so from time to time until such sale
shall be ratified and approved of by the said court.
3. And be it enacted, That the orphans court aforesaid shall and
may allow the aforesaid Elizabeth Cox such commission as shall
appear to them reasonable, for her costs, expenses and services,
in executing the trust aforesaid.
4. And be it enacted, That if either of the minors aforesaid
shall die intestate before the sale and payment over of the pro-
ceeds of the house and lot of land aforesaid, the share of such
deceased minor shall descend in the same manner as the said
property would have descended had this act not been passed.
5. And be it enacted, That the bond aforesaid, when approved
by the orphans court aforesaid, shall be recorded by the register
of wills aforesaid, and the same, or an office cony thereof, duly
authenticated, may be put in suit by the said Susan and Lydia
Cox, or either of them, or by any person or persons interested
with the performance of the condition of the said bond.
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