AN ACT to confirm the will of William Aitkin, deceased. WHEREAS William Aitkin, now deceased, did, on the twelfth Preamble. day of May, A. D. eighteen hundred and forty-five, being then a citizen of the state of New York, make and execute his last will and testament in writing, under his hand and seal, and did therein appoint his wife, Elizabeth Aitkin, and his brother-in-law, George W. Johnson, executors thereof, and did also devise and bequeath all the residue of his estate, real and personal, of every kind whatsoever and wheresoever, (after payment of his debts and funeral expenses) unto his said executor and executrix, to have and to hold the same, to them, or to the survivor of them, in trust nevertheless, to sell and dispose of the same, and to convert the whole into money, and to invest and dispose of the same in the manner in said will expressed; and whereas said executors proved the said will in the state of New Jersey, and also in the state of New York, and received a grant of letters testamentary thereon in each state, and took upon themselves the duties of such executors, and afterwards, in discharge of said duties, sold a farm belonging to the estate of their testator, situate in the county of Mercer, in this state, to Samuel H. Smith, for the sum of two thousand eight hundred dollars, and received the consideration money, and executed to him a deed for said farm, bearing date the twentyfirst day of August, A. D. eighteen hundred and forty-five; and whereas it is now represented to the legislature, by the said George W. Johnson, that his coexecutrix, the said Elizabeth Aitkin, has departed this life, whereby the sole execution of the said will has devolved upon him, as surviving executor, and that he is desirous of carrying out the intentions of his testator, as therein expressed, but that his power and authority to do so are denied, because said will was signed and published by the testator in the presence of two subscribing witnesses, as required by the laws of New York, instead of three such witnesses, as required by the laws of New Jersey; and also, that the sale and conveyance, so as aforesaid made of said farm to the said Samuel H. Smith, are questioned, and the validity thereof denied; and whereas it is deemed just and right that the will of said testator, having been made and executed in the state of New York, and according to the laws thereof, and being in all respects, except the attestation thereof, according to the laws of this state, should not be suffered to fail for the want of one more subscribing witness thereto-therefore, 1. BE IT ENACTED by the Senate and General Assembly of Will of W. the State of New Jersey, That the last will and testament of Aitkin con firmed. Sale and conveyance the said William Aitkin, deceased, is hereby in all things confirmed, and declared to be as valid and effectual as if the same had been signed and published by the testator in the presence of three subscribing witnesses, and shall be so held and considered in all the courts and by all the officers of this state. 2. And be it enacted, That the aforesaid sale and conveymade valid. ance, made by the said George W. Johnson and Elizabeth Aitkin, executor and executrix as aforesaid, to the said Samuel H. Smith, is hereby declared to be valid and effectual, and shall have the same force and effect as if the said will had been in all things executed according to the laws of this state. Approved February 19, 1847. Streets, how laid out, &c. Consent of A further supplement to the act entitled, “An act to incorporate the city of Trenton," passed the seventh day of March, A. D. one thousand eight hundred and thirty-seven. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the power to lay out, vacate, widen, or alter public streets or alleys in the city of Trenton, shall belong exclusively to the common council thereof; but the laying out of any road which may have heretofore been laid in said city by surveyors of the highways shall be deemed valid, so far as regards the power of the surveyors to lay the same. 2. And be it enacted, That no street or alley shall be opened owners to in said city, without the consent of two-thirds of the owners of the lands required for the same. be obtain ed. Common may accept used as 3. And be it enacted, That the said common council may council at their discretion, by ordinance, accept such lands, as may be lands to be dedicated by the owners thereof, as public streets or alleys, and thereupon shall be bound to keep up, repair, and maintain the same, to the same extent that they may be bound to keep up, repair, and maintain streets or alleys laid out by other legal proceedings. streets. Public 4. And be it enacted, That no street or alley hereafter to streets to be be opened in said city, shall be recognized, considered, or by common treated as a public street or alley, unless the same be accepted council. by the common council, as provided in the preceding section, recognized or be laid out, as provided in the act to which this is a supple ment. sioners to assess da 5. And be it enacted, That whenever the common council Commisof said city shall desire to lay out, alter, or widen any public street or alley, and shall procure the appointment of commis- mages. sioners to estimate the damages which any one or more land owners may sustain by such contemplated improvement, it shall be the duty of said commissioners, after estimating said damages, to assess the amount thereof fairly and justly upon the owners of such lands, as in their opinion will be benefited by said improvement, specifying the lands so benefited, and to embrace said assessment in the report they are required by law to make; and the clerk of said city shall lay said report before the common council, at their next meeting thereafter. to be given 6. And be it enacted, That it shall be the duty of the said Notice of common council, within one month after the presentation of assessment said report, to, cause a notice of the said assessment, and the to owners. amount thereof, to be served upon every person, his or her guardian or legal representative, against whom the same is made, and whose residence is in said city; and also, to cause a like notice, directed to such of said persons as do not reside in said city, to be inserted in one or more of the newspapers of said city, for the period of one month; and if, within two months from the presentation of said report, none of said persons, their guardians, or legal representatives, shall file with the clerk of the city their refusal in writing to agree to said assessment, that then the same shall be binding and conclusive, and shall thence, and until paid, be due from said several persons, with interest, to said city, and be a lien on the land against which the same is assessed, for the satisfaction of any judgment to be obtained therefor; and the said common council, in the name of "the inhabitants of the city of Trenton," may sue and recover of each person so assessed, his or her proportion of said assessment, with interest and costs, by action of debt, in any court of competent jurisdiction; and if any such person reside out of the state, an attachment may be resorted to, as in other cases of nonresident debtors; but if, within said two months, any one of said persons, their guardians, or legal representatives, shall file with the clerk such refusal, then no further procecedings to enforce the collection of said assessments shall be had; but nothing herein shall be construed to prevent the said common council from taking said lands at the expense of the city, as they may now do, if in their opinion the public interest requires it. Common council may aban 7. And be it enacted, That the said common council may, don imat any time within four months from the presentation to them provement. Streets not through houses. of said report, determine to abandon such proposed improvement; and, upon their so determining, their right to take said lands, and the right of the owners to recover the valuation and damages thereof, shall cease and determine; but after such abandonment, it shall not be lawful to proceed again for the accomplishment of said improvement (unless by the unanimous consent of those landholders whose lands may be needed) for the period of five years. 8. And be it enacted, That no street, road, or alley shall be to be laid laid or opened in said city, by virtue of this act, through any building of the value of one hundred dollars, without the consent of the owner or owners thereof; but nothing herein contained shall be construed to take away any of the powers heretofore possessed by the common council of said city under the act to which this is a supplement. Issue may Mercer. 9. And be it enacted, That the issue which, by the fortybe tried in second section of the act to which this is a supplement, is provided to be tried at the circuit court holden in the county of Hunterdon, shall be tried at the next, or some subsequent circuit court, to be holden in the county of Mercer. Part of for mer act re pealed. 10. And be it enacted, That the forty-third section of the act to which this is a supplement, and all other parts of said act which are inconsistent with the provisions of this act, be, and the same are hereby repealed. 11. And be it enacted, That this act shall take effect immediately. Approved February 19, 1847. AN ACT to authorize the granting of administration upon the estate of Doctor Thomas P. Stewart, late of Hackettstown, in the county of Warren, deceased. Preamble. WHEREAS, the said Thomas P. Stewart, in'and by an instru ment in writing, purporting to be his last will and testament, bearing date the thirty-first day of May, A. D. eighteen hundred and forty-four, after giving various specific and pecuniary legacies, and making provision for his widow, disposed of all the rest and residue of his estate, in trust, for his children; and whereas it appears that, by reason of the nature, extent, and probable duration of the trusts created thereby, the executors named in said last will and testament decline proving the same, and that no competent person or persons can be found willing to administer upon the estate of said deceased, with the will annexed, whereby the said estate is in danger of being wasted for the want of some person authorized to administer the same; and whereas the children of said Thomas P. Stewart are under the age of discretion; and Susan S. Stewart, the widow of said Thomas P. Stewart, hath, by her petition, prayed the aid of the legislature in the premises-therefore, surrogate may issue administra 1. BE IT ENACTED by the Senate and General Assembly of Ordinary or the State of New Jersey, That upon the execution of the last will and testament of the said Thomas P. Stewart, being duly letters of proved as is required by law, it shall be lawful for the ordinary, tion. or the surrogate of the proper county, to grant letters of administration upon the estate of said Thomas P. Stewart, to the executors named in said will, or to either of them, if they or either of them will accept the same, and if not, then to such person or persons as by law would have been entitled to the said administration, if the said Thomas P. Stewart had died intestate, if any of them will accept the same; and if none of them will accept thereof, then to such other proper person or persons as will accept the same. will. 2. And be it enacted, That the person or persons to whom Adminisadministration of said estate shall be granted by the authority trators not responsible of this act, shall not be charged with, or responsible for the for trusts execution of the trusts named in said last will and testament, named in but only for the due and faithful administration of said estate, as in other cases, and for the payment and delivery of all the rest and residue of the goods, chattels, and credits which shall be found remaining upon the account of the said administration, such account being first examined and allowed by the judges of the orphans' court of the proper county, or other competent authority, to such persons as by the said last will and testament are or shall be lawfully authorized and entitled to receive the same, according to the true intent and meaning of said last will and testament, and the provisions of this act. give bond. 3. And be it enacted, That upon granting of administra- Administion, in pursuance of this act, bond shall be taken with sure-trator to ties, as directed by the eleventh section of the act entitled, "An act concerning executors, and the administration and distribution of intestates' estates," approved April sixteenth, eighteen hundred and forty-six, with such variations in the condition only, as the nature of the case may require. 4. And be it enacted, That the administrator or administra- Settlement tors, to be appointed in pursuance of this act, shall be account- of estate. |