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Trustees autho

estate.

eighteen hundred and sixteen, will more fully appear;and whereas it is represented that the annual rents and proceeds of the said tract of land are inconsiderable, and quite inadequate to the proper education and support of the said minors; and that the buildings and improvements thereon are unavoidably going to rapid decay; that a partition thereof, into seven different portions, would not only be impracticable, but against the manifest interest of all concerned; and that the whole of the tract together might be sold and disposed of so as to yield a legal interest on the principal value of the same; and the brothers and sisters, as well as the father of said minors, having united in a petition for a law for such purpose-therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That Mary B. Mullany, James R. M. Mullany, and Elias B. Mullany, and the survivors and survivor of them, rized to sell real or any two of them, be, and they are hereby authorized and empowered to sell and convey all the lands and real estate belonging to the heirs-at-law of Maria Mullany, of which she died seized, and which was devised to her by the last will and testament of her deceased father, Elias Burger, in fee-simple, for the highest sum or sums of money the same will bring, and for the same, or any part thereof, to execute and deliver, in due form of law, in their own names, or in the name of the survivors or survivor of them, or in the name of any two of them, as trustees aforesaid, a good and sufficient deed or deeds of conveyance, according to the estate, right, title, and interest which the said Maria Mullany, deceased, had in the same at the time of her death; and such deed or deeds of conveyance shall vest in the purchaser or purchasers, his, her, or their heirs and assigns, for ever, all the estate, right, title, claim, interest, and demand which were devised to the said Maria Mullany by the said last will and testament of Elias Burger, deceased."

To make deed to purchaser.

bond.

Sec. 2. And be it enacted, That before the said Mary B. Mullany, James R. M. Mullany, and Elias B. Mullany shall Trustees to give enter upon the trust reposed in them by this act, they shall enter into bond to the governor of this state, with such surety and in such sum as shall be approved of by the judges of the orphans court of the county of Hudson, conditioned for the faithful performance of the trust reposed in them in this act; which bond shall be deposited in the office of the secretary of this state.

Sec. 3. And be it enacted, That the said Mary B. Mullany, James R. M. Mullany, and Elias B. Mullany, within one year

after the sale of the said real estate shall be completed, shall

exhibit, under oath, to the surrogate of the said county of To exhibit acHudson an exact statement of the amount of sales, and the count of sales. amount they have received for the same, to be by him re

corded and filed in his office.

Surplus money

Sec. 4. And be it enacted, That the said Mary B. Mullany, James R. M. Mullany, and Elias B. Mullany shall be accountable for all moneys so received by them, and, after paying off all legal claims and liens upon said estate, together with such to be distributed reasonable charges as shall be allowed by the orphans court of among heirs. the county of Hudson, shall distribute the surplus moneys among the said heirs according to law; and the receipt or discharge of the said heirs, or their proper guardians, shall be their sufficient vouchers to settle up the said estate in the orphans court aforesaid.

Passed January 20, 1843.

AN ACT to divorce George W. Mount, of the county of Monmouth, from his wife Mary Mount.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the marriage contract heretofore existing between

George W. Mount, of the county of Monmouth, and Mary George W. and his wife, be, and the same is hereby dissolved, as fully, to all Mary Mount intents and purposes, as if they had never been joined together

in matrimony.

Passed January 25, 1843.

divorced.

Preamble.

Executor au

AN ACT to authorize George Wanamaker, one of the execu tors of Darius Everitt, deceased, to convey certain real

estate.

WHEREAS it is represented to the legislature that Darius Everitt, late of the township of Kingwood, in the county of Hunterdon and state of New Jersey, deceased, departed this life on or about the fourth day of June, eighteen hundred and twenty-one, having made and published his last will and testament, duly executed to pass real estate, of which said will he appointed Ezekiel Everitt, Daniel Everitt, and George Wanamaker the executors, and which was duly proved by said executors, who took upon themselves the burthen of the execution thereof; and whereas, in and by the said will, the said executors, or the survivors of them, were duly authorized to sell his real estate in the said township of Kingwood, to make good and sufficient conveyances for the same, to the purchaser or purchasers thereof; and whereas it is represented that the said Ezekiel Everitt and Daniel Everitt, two of said executors, have left the state of New Jersey some years since, and removed to the state of Ohio, and that they have not been heard from for two years last past; and whereas it has become necessary that the said real estate should be sold; and whereas the said George Wanamaker, the other executor, has lately sold the same to one William Hann, and the other two executors are not in this state to join in the deed-therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That George Wanamaker, one of the executors of the last will and testament of the said Darius Everitt, deceased, thorized to con- be, and he is hereby authorized and empowered to make, exevey real estate. cute, and deliver good and sufficient conveyance or conveyances in the law of said real estate to the said William Hann; which conveyance shall vest in the said William Hann all the estate, right, title, and interest which the said Darius Everitt had of and in the said real estate at the time of his death.

Passed January 27, 1843.

AN ACT to release to Ann Roth the right of the state of New
Jersey in certain lands therein mentioned.

WHEREAS it satisfactorily appears that John Roth, late of the Preamble.
city of Newark, in the county of Essex, in this state, died
intestate, seized of certain lands situate in the said city,
leaving no child nor any heirs-at-law capable of inheriting
the said lands, and leaving the said Ann Roth his widow,
and that the said lands have therefore escheated to this state;
and that a part of the said lands has been sold under a de
cree of the court of chancery of this state, in a suit for the
foreclosure of a certain mortgage thereon, given by the said
John Roth and that the said Ann Roth hath become the
purchaser, and paid the purchase money thereof-therefore,

released to Ann

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That all the right, title, and interest of this state of, Certain lands in, and to the said lands, and every part and parcel thereof, Roth. by reason of such escheat, shall be, and the same is hereby released and granted to the said Ann Roth and to her heirs

and assigns for ever.

Sec. 2. And be it enacted, That this act shall take effect Act, when to from the time of passing the same.

Passed January 27, 1843.

take effect.

AN ACT to authorize Caleb Newbold and John Black, trustees
of Rachel N. Whitall, to convey certain trust property.

WHEREAS Rachel N. Whitall, wife of Benjamin G. Whitall,
did, before her marriage with her said husband, and with Preamble.
his knowledge and approbation, by deed, bearing date on
the twenty-fourth day of October, Anno Domini eighteen
hundred and twenty-three, convey all her estate, real and
personal, unto her brother, Caleb Newbold, junior, and her
brother-in-law, John Black, to hold in trust for her and for
her children, the issue of said marriage; and in case there

ty.

were no issue, then for her next of kin, as in the said deed is particularly specified; which said deed was duly acknowledged and recorded in the clerk's office of the county of Burlington, in this state;-and whereas the said Rachel N. Whitall hath, by her petition, represented to this legislature that her said trustees are now desirous of retiring from their said office of trustees, and are willing to convey to her all the estate which they now hold in trust for her, that she may hold the same free from the debts and control of her said husband, and, in all respects, use and manage the same as if she were an unmarried woman; and hath prayed the legis lature to pass a law dissolving said trust, and exonerating and discharging said trustees from all the duties and liabilities thereof, and authorizing and empowering them to convey to said Rachel N. Whitall all estate, real and personal, wheresoever or whatsoever the same may be, which they, or either of them, now hold or are entitled to under and by virtue of said deed, to be held and used by her as if she were an unmarried woman, and free from the debts and control of her said husband; and the said trustees and the husband of said petitioner having, in writing annexed to said petition, joined in the prayer thereof-therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the said trustees be, and they are hereby Trustees autho-authorized, empowered, and directed to convey, by good and rized to convey sufficient conveyances in the law, all the estate, real and percertain propersonal, wheresoever and whatsoever the same may be, which they or either of them now hold or are entitled to under and by virtue of the said deed of trust to them made as aforesaid, unto the said Rachel N. Whitall, in fee, to be held and used by her free from the debts and control of her present or any future husband, and in all respects as if she were an unmarried woman; provided, that the said Rachel N. Whitall shall pay, or secure to said trustees, all moneys which they or either of them shall, at the time of such conveyance, have paid and advanced to her, or for her use, over and above the income or revenue of said trust estate; and shall also secure to the said John Black, by mortgage upon said real estate, or by other security satisfactory to him, the payment of all moneys which he, as the executor of her father, Daniel Newbold, deceased, now is, or may hereafter be by law entitled to demand or receive from her, as one of the children and heirs-at-law of the said Daniel Newbold, deceased.

Proviso.

Trust to be dis

Sec. 2. And be it enacted, That upon the said trustees consolved on con- veying to said Rachel N. Whitall the said trust property, in pursuance of the first section of this act, that the said trust

veying trust

property.

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