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shall be dissolved, and the said trustees shall be fully discharged from all the duties and liabilites thereof.
Sec. 3. And be it enacted, That the said Rachel N. Whit- R. N. Whitall all, upon said trust property being conveyed to her as afore- to hold said pro
perty free from said, shall hold the same free and discharged of the said trust, the control of and free from the debts and control of her present or any fu- her ture husband, and with full power to use and dispose of the said property, real and personal, the same, in all respects, as if she were an unmarried woman, notwithstanding her coverture.
Passed January 31, 1843.
An Act relative to lands of David B. Thorp, a minor.
WHEREAs it is represented, by the petition of the heirs-at-law
of David Thorp, late of the county of Morris, deceased, and of the guardian of David B. Thorp, a minor, that Mary Hopping, wife of John Y. Hopping, of the said county, departed this life in the year eighteen hundred and thirty-six, seized in fee of certain lands hereinafter more particularly described; and that the said minor is one of the heirs-at-law of the said Mary, and entitled to one-third part of the said lands, subject, nevertheless, to the life estate of her surviving husband aforesaid; and it being further represented that the said John Y. Hopping claims an interest, in right of his said wife, in certain other lands situate in the county of Essex, devised by the said David Thorp, deceased, on certain conditions, in his will more particularly stated, out of which the said minor is entitled to receive a certain sum of money, to be paid or secured by the devisees thereof; and whereas the said petitioners and the said guardian have muțually proposed and assented to exchange their respective rights and interests in the lands before mentioned, and all the heirsat-law, except the said minor, are ready to convey and release to the said John Y. Hopping their respective rights, interests, and title in the said lands, in the county of Morris aforesaid, for the purposes aforesaid, to wit: the first lot, lying on the east side of the road leading from Whippany to
Columbia, and containing twenty-one and seventy-five hundredth acres; the second lot, on the west side of said road, and containing three and sixty-three hundredth acres; the third lot, called the meadow lot, lying on Black brook, containing five and fifty hundredth acres; and it appears that it will facilitate the arrangement, and also contribute to the interests of the said minor, to empower his guardian to unite with the other heirs in a conveyance of all the right, title, and interest of the said heirs in the before mentioned lands, lying in the county of Morris, to the said John Y. Hopping, for the purposes aforesaid—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, in consideration of the release and convey
ance by the said John Y. Hopping, as aforesaid, Silas Tuttle, Guardian authorized to
guardian of David B. Thorp, a minor, be, and he is hereby
uardian of David B. T make deed. authorized and empowered to execute and deliver to the said
John Y. Hopping a good and sufficient deed for the one equal undivided third part of said lands and premises ; which conveyance shall entitle the said John Y. Hopping to all the estate, right, title, interest, claim, and demand which the said minor now has in and to the said lands and premises.
Sec. 2. And be it enacted, That the reasonable costs and
charges for executing the trust created by this act shall be alExpenses to be allowed by or lowed to the said guardian, by the orphans' court of the county phans court. of Morris, on the final settlement of his accounts as such
Passed February 1, 1843.
Supplement to “ An act to provide for voting by ballot in the
township of Belleville, in the county of Essex,” passed February twenty-eighth, eighteen hundred and forty. .
Sec. 1. Be it ENACTED by the Council and General As
sembly of this Ştate, and it is hereby enacted by the authority Time of open
ince of the same, That the poll shall open at seven o'clock in the the polls. forenoon, and close at seven o'clock in the afternoon; and
that so much of the third section of the said act as is contrary to this supplement be, and the same is hereby repealed ; Act, whien to and also, that this act shall go into effect immediately after the tako effect. passage thereof.
Passed February 1, 1843.
An Act authorizing the executors of John Marselis, deceased,
to convey certain real estate. WHEREAS it is represented that John Marselis, deceased, late Preamble,
of the township of Paterson, in the county of Passaic, in this state, in his lifetime, entered into an agreement in writing, attested by only one witness, with Calvin Tomkins, Jotham Hedden, Ambrose Tomkins, and Elias Tomkins, for the sale and conveyance of a certain lot of land, situate in the said township of Paterson, for which they were to pay the said John Marselis the sum of fourteen hundred and seventy-five dollars; that, in pursuance of said agreement, a part of the said sum has been paid, but that the said John Marselis hath died, leaving a last will and testament, giving all the residue of his property, and among the rest the said lot of land, as follows: one half thereof to the children of his daughter Clausey, deceased, to wit, Henry Kip, Edo Kip, John Kip, Peter Kip, and Catharine Jane Kip, share and share alike, and the other half to his daughter Arriaunche, wife of Nicholas R. Terhune, and appointing Nicholas R. Terhune and Peter H. Kip executors of said will, but without giving his said executors power to sell or convey his real estate, and without having executed any deed of conveyance for the said lot; and whereas the said Nicholas R. Terhune and Arriaunche his wife, Henry P. Kip, Edo Kip, John P. Kip, and Peter H. Kip, guardian for Peter Kip and Catharine Jane Kip, minors, by their petition, have prayed the legislature to pass an act authorizing the said Nicholas R. Terbune and Peter H. Kip, executors as aforesaid, to make and deliver to the said Calvin Tomkins, Jotham Hed: den, Ambrose Tomkins, and Elias Tomkins, or to their assigns, a good and sufficient deed of conveyance for the said lot of land-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 Nicholas R. Terhune and Peter H. Kip, ex
ecutors of the last will and testament of John Marselis, deExecutors of J. Marselis au- ceased, late of the county of Passaic, be, and they are hereby thorized to con; authorized, in fulfilment of the aforesaid agreement between vey certain real
the said John Marselis and the said Calvin Tomkins, Jotham Hedden, Ambrose Tomkins, and Elias Tomkins, to make, execute, and deliver to the said Calvin Tomkins, Jotham Hedden, Ambrose Tomkins, and Elias Tomkins, a good and sufficient deed of conveyance in fee-simple for the said lot of land; which said deed, duly executed, shall convey to and vest in the grantees therein named all the estate, right, title, and interest of which the said John Marselis died seized of, in, and to the same; as fully and effectually as if the said deed had been duly executed by the said John Marselis in his lifetime.
Passed February 1, 1843.
An Aor authorizing the sale of the real estate whereof Rich
ard Jacques died seized. WHEREAS Enoch Knowles, administrator, &c., of Richard · Jacques, late of the county of Mercer, in this state, de
ceased, hath by his petition, duly verified under oath, represented to the legislature that the real and personal estate of the said decedent is insufficient to pay his debts, and that, in consequence of certain circumstances in said petition particularly mentioned, great delay must necessarily occur before an order can be obtained from the orphans court of the said county of Mercer, authorizing the sale of the said real estate, and that great loss must necessarily result to his creditors, unless a speedy sale of the said real estate be made; and that the widow of the said Richard Jacques, and the creditors of the said estate, as far as he has been made acquainted with their views, concur in this opinion, and are desirous that a sale should be authorized by the legislature; and the said administrator having prayed that an act might be passed authorizing him to make sale of the said real estate, and the said prayer appearing reasonable—there
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority Administrator of the same, That Enoch Knowles, administrator of the said of R. Jacques Richard Jacques, deceased, be, and he is hereby authorized and sell real estate.
ond authorized to empowered to sell and dispose of all and singular the real estate whereof the said Richard Jacques died seized, situate in the county of Mercer aforesaid, at public vendue, for the best price that can be obtained for the same, upon giving public notice, at least once in each week, for the space of one month next preceding the time of said sale, by advertisements inserted in the vewspapers published in the city of Trenton, and also by handbills set up in five of the most public places in said county; and, when sold, to make, execute, and deliver, in the name of the said Enoch Knowles, administrator as aforesaid, good, To make good legal, and sufficient deed or deeds therefor to any purchaser or an
deeds. purchasers of the same; which said deed or deeds shall con-" vey to and vest in the purchaser or purchasers of the said real Interest vested estate the right, title, and interest of the said Richard Jacques in purchaser. therein at the time of his death. '
Sec. 2. And be it enacted, That the said Enoch Knowles Administrator shall keep a fair, full, and just account of the proceeds of the to exhibit ac
count of sales. sale or sales made by virtue of this act, and of the costs and expenses thereof, and shall exhibit said account, under oath or affirmation, to the orphans court of the county of Mercer, within six months after such sale or sales, for settlement and allowance, which account shall be filed in the surrogate's office of said county; and the said Enoch Knowles, after deducting from the proceeds of such sale or sales all legal costs and expenses, and such reasonable commissions as shall be allowed by the court, shall distribute the balance thereof, according to law, among the creditors of the said Richard Jacques, ratably and in proportion to the amount of their respective claims, first satisfying all legal incumbrances upon the said real estate, in the order of their priority.
Sec. 3. And be it enacted, That the said Enoch Kyowle before entering upon the execution of the trust reposed in by this act, shall enter into bond to the governor of this s in such sum and with such security as the surrogate o said county of Mercer shall approve, conditioned for the ful performance of the said trust, which bond shall be the office of the said surrogate; and in case the sa. shall become forfeited, it shall and may be lawful fd vernor of this state for the time being to cause the prosecuted, at the request and for the benefit, and per costs and charges, of the person or persons ag such forfeiture.
Sec. 4. And be it enacted, That no sale or
Act, whe take efter