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Tax---$40,000 to be raised by,

Terrell, Squire, and W. D. Stewart authorized to deliver
up certain bond to be cancelled,
Thomas, Robert---pension granted to,

Thorp, David B., a minor---act relative to,

Tomlinson, Sarah and David B., divorced,

Township of Belleville---act to provide for voting by bal-
lot in,

of Bergen---act to divide,

of Dover, Middletown, and Howell---authorized
to convey certain real estate,

of Morris---inhabitants of, authorized to vote by
ballot,

of Dennis---inhabitants of, authorized to vote

by ballot,

Townships of Princeton and West Windsor---boundary

line of, altered,

of Union and Tewksbury---inhabitants of, au-
thorized to vote by ballot,

Treasurer authorized to borrow money,

Turnpike Company, Newark and Pompton---supplement
to act to incorporate,

U.

96

67

114

121

66

Union Total Abstinence Beneficial Society of Upper
Penns Neck incorporated,

74

Union township---inhabitants of, authorized to vote by

ballot,

114

W.

Walling, John W. and Rachel, divorced,

Whittal, Rachel---trustees of, authorized to convey cer

tain trust property.

Wills, probate of---repeal of supplement to act relative to,

5

21

75

OF THE

SIXTY-EIGHTH

GENERAL ASSEMBLY

OF THE

STATE OF NEW JERSEY,

AT THE SESSION BEGUN AT TRENTON ON THE TWENTY-FOURTH DAY OF OCTOBER, EIGHTEEN Hundred and FORTY-THREE.

Being the First Sitting.

FREEHOLD:

PRINTED BY BERNARD CONNOLLY.

ACTS

OF THE

SIXTY-EIGHTH

GENERAL ASSEMBLY

OF THE

STATE OF NEW JERSEY.

AN ACT to authorize and empower the executors of the last will and testament of Samuel Fidler, deceased, to sell and convey the real estate of said deceased.

WHEREAS, it appears that Samuel Fidler, late of the township of Hopewell, in the county of Mercer, hath departed this life, having made and executed his last will Preamble. and testament in due form of law, and appointed Joshua Bunn and Joseph Burroughs, executors thereof;and whereas, it appears that the said Samuel Fidler, after making various bequests in said will, constitued the second Methodist Episcopal Church of the township of Hopewell, and the Trustees of the Missionary Society of the New Jersey Annual Conference of said Methodist Episcopal Church, his residuary legatees;and whereas, it was the manifest intention, of said testator that the legacies mentioned in his will should be paid out of the proceeds of the sale of his real as well as his personal estate; but that the said testator omitted to vest a power to make such sale of his real estate

Executors

tate.

in his executors, or any other person;-and whereas, it is represented that the interest of the residuary legatees and the intentions of the testator would be much promoted by authorizing a sale of said real estate, at an earlier period than can be if the parties interested are compelled to resort to the courts to procure such authority; and whereas, this legislature are willing to aid the benevolent designs of said testator-therefore,

Sec. 1. BE IT ENACTAD by the Council and General Asauthorized to sembly of this State, and it is hereby enacted by the authorsell real es ity of the same, That Joshua Bunn and Joseph Burroughs, executors of the last will and testament of the said Samuel Fidler, deceased, be and they are hereby authorized and empowered to make sale of the real estate of which said Samuel Fidler died seized, as fully as if they had been thereto authorized by the will of said Samuel Fidler.

Exccutors to give bond.

Court.

Sec. 2. And be it enacted, That before said executors proceed to make such sale, they shall enter into bond to the Ordinary of this State, before the surrogate of the county of Mercer, with one or more sufficient securities, in a penalty double the estimated value of said real estate, for the faithful appropriation of the proceeds of said sale, according to the will of the testator.

Sec. 3. And be it enacted, That said sales shall be conExecutors to ducted in all respects, in the same manner as is prescribed make report by the various acts of the legislature for sales of land by to Orphan's executors or administrators by order of the Orphans' Court; and that when a sale of said real estate or any part thereof shall have been made, the said executors shall report the same to the Orphans' Court of the county of Mercer; and if the said Orphans' Court shall approve said sale, they shall confirm the same as valid and effectual in law, and direct the said executors to make a good and sufficient conveyance for the same to the purchaser or purchasers thereof; and that said conveyance so made shall vest in the purchaser or purchasers, the same title to said real estate as the said Samuel Fidler had at the time of his decease.

in case of

Sec. 4. And be it enacted, That in case either of said exdeath of Executors shall depart this life before the complete execution ecutor, pow- of the powers conferred by this act, then all the powers hereby granted to the two, shall be thenceforth vested in the survivor.

er vested in

survivior.

Passed November 1, 1834.

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