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OF THE

SIXTIETH

GENERAL ASSEMBLY

OF THE

State of New-Jersey,

AT A SESSION BEGUN AT TRENTON, ON THE FIFTH DAY OF JANUARY, EIGHTEEN HUNDRED AND THIRTY-SIX.

BEING THE SECOND SITTING.

TRENTON:

WILLIAM BOSWELL, PRINTER.

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ACTS

OF THE

SIXTIETH

GENERAL ASSEMBLY

OF THE

STATE OF NEW-JERSEY.

AN ACT to authorize trustees therein named to sell the real estate of John P. Ackerman, deceased.

WHEREAS it is represented that John P. Ackerman, late of the county of Bergen, in the state of New Jersey, died intestate, seized of two certain tracts or parcels of land, situate in the township of Franklin, in the county aforesaid, containing forty-five acres, more or less, and leaving a widow and four children, one of which children is since deceased; And whereas it is farther represented that said Preamble. estate is depreciating in value, and will probably continue to depreciate; and that it may be sold at this time for a sum, the interest of which will far exceed the yearly value of said real estate; and, consequently, that it is greatly to the interest and advantage of the said heirs at law, that the same should be sold; And whereas it is farther represented, that the yearly profits of said estate are entirely inadequate to the decent maintenance and education of said children; and that, by reason of their minority, they are unable to join in the execution of a deed for the premises;-And for these reasons, Rachel Ackerman, the widow of the said John P. Ackerman, deceased, having made application on behalf of said minor children, praying a law appointing a trustee or trustees to sell said real estate; which application appears reasonable and just, and greatly for the interest and advantage of said heirs at law-Therefore,

E

Trustees authorized to sell

real estate,

Trustees to
account to
Orphans'
Court.

Distribution of proceeds

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 Cornelius A. Hopper and Rachel Ackerman be, and they are hereby appointed trustees, with full power and authority to sell, at public sale, giving notice of the time and place of such sale in a newspaper circulating in the neighborhood of said lands, and also by advertisements put up in five or more public places in said county, at least four weeks before the day of sale, for the best price they can obtain, all the right, title and interest which Eliza Ackerman, Peter Ackerman, and Margaret Ackerman, heirs at law of John P. Ackerman, deceased, late of the county of Bergen, have in the real estate of the said John P. Ackerman, deceased; and after such sale thereof, the same, having been approved by the Orphans' Court of the county of Bergen, to make and execute good and sufficient deeds of conveyance for the same to the purchaser or purchasers.

Sec. 2. And be it enacted, That the said trustees, after making sale in manner aforesaid, shall account to the Orphans' Court of the county of Bergen, at the term next succeeding such sale, for the proceeds of such sale; and after a fair and just allowance of all costs, charges and expenses attending such sale, being made by the court, shall invest the balance of said proceeds at interest, on bond and mortgage, or other good and sufficient security, under the direction of the Orphans' Court of the county of Bergen; and the said trustees shall pay to the widow of the said John P. Ackerman, deceased, during her natural life, the one-third of the interest of the net proceeds of the sale of the said real estate; and the interest on the remaining two-thirds of the said net proceeds shall be paid by the said trustees to the guardian or guardians of the said minor children during their minority, for their maintenance, education, and support; and after the said child or children shall arrive at full age, then the said two-thirds of the said money shall be paid to them or their legal representatives, share and share alike; but if the said widow shall have deceased at the time the said children shall have arrived at full age, then and in that case the whole of the said net proceeds of said sale shall be divided between the said children or their legal representatives, share and share alike; and after the decease of the said widow the said one-third of the said net proceeds shall be divided between the said children or their legal representatives, share and share alike; Provided they shall be of lawful age; And provided also, that in case the said minor children shall die before attaining their full age, not leaving lawful issue or having made a will or wills disposing of the same, the descent of

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