Trustee to sell real estate.

son might be appointed to sell the same for their benefit, and the prayer of the memorialists appearing reasonable and proper; 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 Thorn, be, and he hereby is appointed a trustee, with full power and authority, to sell and convey the said farm and improvements, and all the real estate belonging to the heirs of the said Enoch Thorn, of which he was in possession at the time of his death, for the highest sum or sums of money the same will bring, at public sale, at least thirty days notice being first given of the day of sale, by advertising in one or more news papers, published in the county, and by handbills, set up at five or more public places in the vicinity of the said property; and to execute, make, and deliver, a good conveyance or conveyances in law, to the purchaser or purchasers, of the same, and such deed or deeds of conveyance, shall vest in the purchaser or purchasers, his or their heirs and assigns forever, all the estate, right, title, and interest which the said Enoch Thorn, deceased, had of, in and to the said premises, with the appurtenances, at the time of his death.

Sec. 2. And be it enacted, That before the said George Thorn, shall enter upon the trust reposed in him by this act, he shall enter into bond, to the Governor of this state, with such surety and in such sum, as shall be approved by the judges of the Orphan's Court of the county of Burlington, conditioned for the faithful performance of the trust reposed in him by 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 George Thorn, within one year after the sale of said real estate shall be completed, shall exhibit, under oath or affirmation, to the Surrogate of the said county of Burlington, an exact statement of the amount of sales, and the amount he has received for the same, to be by him recorded and filed in his office.

Sec. 4. And be it enacted, That the said George Thorn, shall be accountable for all money so received by him, and after paying off all legal claims and liens upon said estate, if any, together with such reasonable charges for his services, as shall be allowed by the Orphans' Court of the county of Burlington, 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 his sufficient vouchers to settle up the said estate, in the Orphans' Court aforesaid.

Passed February 18, 1825.

AN ACT to appoint a Trustee to sell the Real Estate of James I. Post, deceased, late of the county of Essex. WHEREAS, it is represented to the Legislature, that James I. Post, late of the township of Acquacknonk, in the county of Essex and state of New-Jersey, died seized of certain real estate, situate at Weasel, in the township and county afore. said, consisting of a dwelling house and farm or plantation, with the appurtenances; which farm or plantation, the said James I. Post, in and by his last will and testament, devised to his wife, Jane Post, during her widowhood, and after her death or re-marriage, to his three daughters, hereinafter named, in fee simple; and the said Jane Post, widow of the said James I. Post, deceased, afterwards married Abraham Ackerman, of Acquacknonk aforesaid, who is also now deceased; Sophia, one of the daughters of the said James I. Post, deceased, the testator, is now the wife of Garret A. Hopper; Eliza, another of the daughters of the said testator, is a minor, and is now the wife of Richard A. Van Houten, of Totowa; and Maria Jane Post, the remaining daughter of the testator, is also a minor and unmarried; AND WHEREAS, the said children of the aforesaid testator, and their mother, the aforesaid Jane Ackerman, (late Jane Post,) who is the executrix, and the aforesaid Garret A. Hopper, who is the executor of the last will and testament of the aforesaid James I. Post, deceased, and the aforesaid Richard A. Van Houten, have, by their petition, represented to the Legislature, that the interest of the said children and devisees, would be promoted by a sale of the said real estate; which cannot be accomplished without the aid of the Legislature, in the premises; inasmuch as two of the said devisees are minors, and there is no power in the will, authorizing a sale of the said estate; and the prayer of the said petition, appearing to be just and reasonable; Therefore,

Preamble.

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 Garret A. Hopper, be, and he is hereby appointed a trustee, with full power and authority to sell, dispose of, and convey all the real estate, whereof the Trustee to sell said James I. Post died seized, situate in the county of Essex real estate. aforesaid, at such time or times as he may think expedient, at public (or private) sale, for the best price or prices the same will bring; and for the same, or any part thereof, when so sold, to make and execute, in due form of law, in his own name, as trustee as aforesaid, good and sufficient deed or deeds of conveyance, according to the estate and interest, which the said James I. Post, at the time of his death, had, or might legally have claimed, of, in, and to the same; and any sale

vernor.

or sales, so made, and confirmed by a deed or deeds, and certified as hereinafter is provided, shall entitle the purchaser or purchasers, to all the estate. right, title. interest and claim, which the said James I. Post, at the time of his death, had in the premises, so to be sold and conveyed, by such deed or deeds.

Sec. 2. And be it enacted, That before the said Garret Trustee to give A. Hopper, do enter upon the execution of the trust assignbond to the Go- ed him by this act, he shall enter into hond, to the Governor of this state, with such surety or sureties, and in such amount, as shall be approved of by the Orphans' Court of the county of Essex, conditioned for the faithful performance of the trust reposed in him by this act; which bond shall be deposited in the Surrogate's office of the said county of Es

Trustee to ac

sex.

Sec. 3. And be it enacted, That the said trustee, shall count to Surro- keep a fair account of all the sales of the said land and real estate, so by him sold as aforesaid, and after deducting reasonable fees for his services, and the costs and charges attending the said sales, and the discharge of his trust, to be allowed and taxed by the Surrogate of the county of Essex, shall distribute all the residue of the moneys, arising from the sale of the said lands and real estate, to and among the children and devisees of the said James I. Post, deceased, according to their respective rights in said real estate, and in the proportions to which they are respectively entitled, under and by virtue of the said last will and testament of the said James I. Post, deceased; when such children and devisees shall be of full age, (or married,) or during the minority of such children and devisees, or any of them, or other inaability to receive their proportions, to the guardian or guardians of such children and devisees, duly appointed.

How proceeds of sale to be distributed.

Sec. 4. And be it enacted, That no deed of conveyance of said land or real estate, made by the trustee aforesaid, shall be valid, unless it be certified on or upon the deed or conveyance, by James C. Stagg, Adam Ackerman, John H. Van Winkle, or the survivor or survivors of them, under their hands and seals, that they are satisfied that such sale or sales were made bona fide, and for the highest price that could be obtained for such property, at the time of such sale.

Sec. 5. And be it enacted, That the said Garret A. Hopper, shall, within six months after the sale of the lands and real estate aforesaid, make, subscribe, and exhibit, under oath or affirmation, to the Surrogate of the county of Essex, a true statement and account of said sale or sales, and of the expenses attending the same, and of carrying into effect the trust hereby created; and also, a true report of the manner

in which the moneys arising from said sale or sales, have been disposed of, which said statement and report shall be by the said Surrogate, filed in his office and recorded.

Passed February 18, 1835.

AN ACT to authorize Floyd Smith and John P. Douglass, of the city and state of New-York, and John Post, of the city of Brooklyn, in the said state of New-York, to sell certain real estate, late of John Post, deceased, situate in the county of Morris, in the state of New Jersey. WHEREAS, it is represented to this legislature, that John Post, late of the city of New-York, in the state of NewYork, died, leaving a last will and testament, which was duly proved and recorded in the city of New-York aforesaid, in which, among other things, he directed his executors, after the decease of his widow, Deborah Post, to sell all his real estate, and to add to it all his personal estate, and to divide it into five equal parts, and to dispose of them among his children, as in the said will particularly mentioned; and did appoint his wife, Deborah Post, and his four children, to wit: Catharine Ritter, John J. Post, Deborah Douglass and Peter R. Post, executors thereof; and that the said John Post died, seized of an equal undivided moiety, or half part of two certain tracts or parcels of land and premises, situate in the township of Morris, in the county of Morris, containing together, one hundred and fourteen acres and seventy-eight hundredths of an acre, more or less, which were conveyed to the said John Post, in his lifetime, and one William Post, by John McComb, jr. executor, of the last will and testament of John McComb, deceased, by deed, dated the fifteenth day of December, in the year of our Lord one thousand eight hundred and twelve, and recorded in the Morris County Register of Deeds, in liber. Y. fol. one hundred and twentyseven, one hundred twenty-eight, one hundred twenty-nine and one hundred thirty; AND WHEREAS, it has been made to appear to this legislature, that the four children of the said testator named as executors of the said will, departed this life in the lifetime of the said Deborah Post, and that the said Deborah Post, hath since departed this life; so

Preamble.

Trustee ap pointed to sell real estate of J. Post, aeq'd.

that there was at her decease, no representatives of the testator, to execute the trusts created by said will: AND WHEREAS, it further appears, that Floyd Smith and John P. Douglass, of the city of New-York aforesaid, and John Post, of the city of Brooklyn, in the said state of NewYork, have been duly appointed, by the Court of Chancery of the state of New-York, trustees, in the place and stead of the said deceased, executors, for the purpose of executing the trust created in, and by the said last will and testament of the said John Post, deceased, and which remain unexecuted by the late executors thereof; and have given bond. with sureties, approved of by the said Court of Chancery of the state of New-York, in the penal sum of sixty-nine thousand three hundred dollars, conditioned for the honest and faithful discharge of the trusts reposed in them as such trustees; but that they have no authority under the proceedings had in the said Court of Chancery, of the state of New-York, to sell the real estate, situate in the said county of Morris; and it appearing to be for the interest of the persons interested in the said estate, that the said real estate, should be sold as soon as possible; 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 Floyd Smith, John P. Douglass and John Post, and the survivors and survivor of them, be and they are hereby appointed trustees, with full power to sell, dispose of and convey the equal, undivided moiety, or half part, of the two tracts of land, of which the said John Post, died seized, situate in the township of Morris, in the county of Morris, and state of New-Jersey; containing, together, one hundred and fourteen acres and seventy-eight hundredths of an acre, more or less, particularly described in a certain deed for the same, from John McComb, jr. executor, of the last will and testament of John McComb, deceased, to the said John Post, in his lifetime, and one William Post, dated, the fifteenth day of December, in the year of our Lord one thou sand eight hundred and twelve, and recorded in the Morris County Register of Deeds. in liber. Y. fol. one hundred twenty-seven, one hundred twenty-eight, one hundred twentynine and one hundred thirty; with all and singular, the appurtenances, at public auction. first giving notice of the time and place of sale, in one of the newspapers published in Morristown, and one paper published in the city of NewYork, for at least four weeks successively, and setting up advertisements in five or more public places, in the said county, near the premises, for the highest sum the same will bring; and when sold, to make, execute and deliver in their own names, or in the names of the survivors or survivor, as trus