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the children of the said Stephen Hayes are. further entitled as par-
ceners and heirs at law to John Hayes, senior, late of Wilmington,
in the state of Delaware, who was also a partner in the firm of
Robert May, and Company, to the one undivided fourth part of
his the said John Hayes' fourth part or interest in the real and
personal estate belonging to the said firm; that inasmuch as the in-
terest or share of each partner in the said firm or company, is un-
divided and undistinguishable from the shares or interest of all
the other partners in the same firm, the county court of Cecil coun-
ty have determined that the interest of the said children, in the said
real and personal estate, cannot he divided or sold, nor can the
said court act upon the premises under the authority of the several
acts to direct descents and dispose of intestate estates; that it
would be to the benefit and interest of the said children that their
interest in the real and personal estate of the said company or firm
should be sold and disposed of, and that the proportion of the pur-
chase money belonging to the minors should he placed at interest,
until they shall respectively arrive at age; she has therefore pray-
ed that a legislative act may be passed, authorising her to sell and
dispose of all the right, title, interest or claim, of, in, to, or out of
the, said real and personal estate, of such of the children of said
Stephen Hayes, deceased, as shall be minors at the time of sale,
placing their proportion of the purchase money at interest, in such
manner as this legislature shall think proper to direct; and the
prayer of the petitioner appearing reasonable, Therefore,
Sec. 1. Be it enacted by the General Assembly of Maryland, That
the said Hannah A. Hayes, guardian of the minor children of
Stephen Hayes, be and she is hereby authorised and empowered,
to sell and convey, in fee simple, all the right, title, interest or es-
tate, which they the said children, or such of them as may or shall
be minors at the time of said sale, now have or of right ought to
have, of, in, to, or out of, all the real and personal estate held by
or belonging to the Elk Forge Company, now trading under the
firm of Samuel Hays and Company, lying and being situate in Ce-
cil county in the state of Maryland, and to execute a good and
sufficient deed or deeds to the purchaser or purchasers for the
same; Provided, that before any deed shall he executed by the said
Hannah A. Hayes, for any property sold under this section, the
sale thereof shall he approved by the orphans court of Cecil coun-
ty; And provided also, that at the time of making the said sale and
conveyance, the said Hannah A. Hayes shall take a mortgage, in
fee simple, on the said real and personal estate, from the purcha-
ser or purchasers thereof, to the minor children, conditioned for
the payment to each and every of the said minor children, as they
shall respectively arrive at lawful age, of such part or portion of
the purchase money, with interest thereon arising from the sale of
said real and personal estate, as may by law be due and payable
to them, and shall also take separate bonds from the said purcha-
ser or purchasers, to her the said Hannah A. Hayes, as guardian
of the said minor children respectively, conditioned for the pay-
ment to her, the said Hannah A. Hayes, or to any future guardian
that may by law be appointed, of the interest which may be due
and payable on each child's respective portion or share of the said
purchase money, annually, for his or her education and mainte-
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Dec. Ses 1617.
H. Hayes au-
thorised to sell.
Provisos.
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