Page images
PDF
EPUB

Preamble.

AN ACT authorizing the sale of certain Real Estate,
АСТ
whereof Elisha Clarke, late of the county of Somerset,
died seized.

WHEREAS, it appears to the Legislature, that Elisha Clarke, late of the township of Montgomery, in the county of Somerset, died seized of a certain dwelling house, tanyard, and twelve acres of land, with the appurtenances, situated in the said township of Montgomery, leaving a last will and testament, duly made and executed, in which, amongst other things, after giving to his wife, Sarah H. Clarke, the use of a part of the said dwelling house, during her widowhood, he devised the residue thereof, together with the said tan-yard, twelve acres of land and appurtenances, to his son, Elisha L. Clarke, so long as his said wife should remain his widow, upon condition that the said Elisha L. Clarke should pay to the said Sarah H. Clarke, the sum of one hundred dollars a year, provide firewood for her kitchen use, and keep for her one horse and one cow, during her widowhood; and did direct his executors therein named, after the death or widowhood of his said wife, to sell the whole of the said property, at public or private sale, and to pay the moneys arising from such sale, to his four sons, Benjamin Clarke, Joseph Olden Clarke, Ephraim O. Clarke, and Elisha L. Clarke, to be equally divided between them; AND WHEREAS, it appears that the said Elisha L. Clarke assigned all his interest in the said property, under the will of his said father, to the said Benjamin Clarke, and the said Benjamin Clarke, afterwards assigned all his interest therein, to the said Joseph Olden Clarke, and that the said Benjamin Clarke, Joseph Olden Clarke, and Elisha L. Clarke, have all departed this life, leaving children who are minors; that the said property is going rapidly to decay, and will not now rent for more than enough to pay the widow's incumbrances; and that an immediate sale thereof would greatly conduce to the interests of all persons interested therein; and it further appearing, that in the event of such sale, the said Sarah H. Clarke, is willing to release all her interest in the said property, in case the sum of one hundred and sixty dollars a year is secured to be paid to her, so long as she remains the widow of the said Elisha Clarke, which said sum is a fair equivalent for her said incumbrances; Therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority thorized io sell of the same, That Martha Clarke, be, and she is hereby authorized and empowered to sell and convey, at public or pri

M. Clarke au

real estate.

vate sale, the said dwelling house, tan-yard, land and appurtenances, for the highest sum of money the same will bring; and to make, execute and deliver, a good conveyance in law, to the purchaser or purchasers for the same; which conveyance shall vest in the purchaser or purchasers, his or their heirs and assigns, all the estate, right, title and interest, which the said Elisha Clarke had, in and to the same, at the time of his death.

Sec. 2. And be it enacted, That the said Martha Clarke,

before she enters upon the trust reposed in her by this act, Bond to be given shall enter into bond, to the Governor of this state, with such to the Governor surety, and in such sum, as shall be approved of by the Judges of the Orphans' Court of the county of Somerset, conditioned for the faithful performance of the trust reposed in her by this act; which bond shall be deposited in the office of the Surrogate of said county.

Sec. 3. And be it enacted, That the said Martha Clarke,

shall exhibit to the Orphans' Court of the county of Somer- To account to set, under oath or affirmation, within six months after such Orphans' Court, sale, an exact statement of the amount of the said sale, to be recorded and filed in the office of the Surrogate of said county; and the said Orphans' Court, after approving and confirming said sale, and after allowing all just and reasonable costs and charges incurred in the execution of this trust, shall order and direct the said Martha Clarke, to place out at in- Mode of distri terest, the balance of the proceeds of the said sale, upon bution of progood and sufficient security; and the said Martha Clarke ceeds of sale. shall pay, out of the interest of the said moneys, the sum of one hundred and sixty dollars yearly and every year, to the said Sarah H. Clarke, during her widowhood; and after her death or marriage, shall pay the balance of the said proceeds, and arrears of interest, according to the directions, true intent and meaning of the said last will and testament of the said Elisha Clarke, deceased.

Passed February 20, 1835.

AN ACT for the relief the heirs of Gideon Gould, deceased, of the county of Sussex.

WHEREAS Gideon Gould, of the county of Sussex, died about four years ago, holding a claim upon, and unto, two certain lots of land in the township of Wantage, county

K

Preamble

[ocr errors]

of heirs of G.

Jands.

of Sussex, now in the possession of Joseph Chandler and Timothy Holly, one thereof, containing about one acre, the other about twenty-four acres, and which they also claim, leaving Mary Gould, his widow, and mother of his six minor children, viz: Amy-Ann Gould, Jacob Gould, Julia Gould, James Gould, Sarah Gould, and Phebe Gould, his heirs at law; and to have the right tried by a suit at law, would be expensive to the said heirs, and the event uncertain, and that an offer is made by the aforesaid Joseph Chandler and Timothy Holly, unto Mary Gould, the widow of the said Gideon Gould, deceased, and the mother of the said minor children, and Andrew Willson, their guardian, for the claim and right they may have in said lands; and the said widow and guardian aforesaid, being desirous of acepting of their offer, settling and compromising for the same, believing it will be to the interests of the said minor children; Therefore,

Sec. 1. BE IT ENACTED by the Council and General Assem bly of this state, and it is hereby enacted by the authority of Trustee autho- the same, That Mary Gould, the widow of Gideon Gould, rized to sell right deceased, and Andrew Willson, guardian of Amy-Ann Gould, dec'd. to Gould, Jacob Gould, Julia Gould, James Gould, Sarah Gould, and Phebe Gould, minor children as aforesaid, be, and they are hereby appointed trustees, with full power and authority, to sell, for the best price they can obtain, all the right, title, and interest which the said Amy-Ann Gould, Jacob Gould, Julia Gould, James Gould, Sarah Gould, and Phebe Gould have, in and to the lots of land named as aforesaid, and after the sale thereof, to make and execute good and sufficient deed or deeds of conveyance to the purchaser or purchasers, for all their right, title, and interests in and to said lands.

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 Sussex, at the term next succeeding such sale or sales, for the proceeds of said sale or sales; and after a fair and just allowance of all costs, charges and expenses attending the sale or sales made and allowed by said court, shall invest the balance of said proceeds at interest, upon good and sufficient security, to remain so at interest, until the said minors aforesaid, shall attain, severally, the lawful age to demand their respective share.

Sec. 3. And be it enacted, That the said Mary Gould, widow of Gideon Gould, deceased, and Andrew Willson, Bond to be given guardian as aforesaid, before they enter upon the trust reposed in them by this act, shall enter into bond to the Governor of this state, with surety, and in such sum, as shall be approved of by the Judges of the Orphans' Court of the coun

to Governor.

ty of Sussex, conditioned for the faithful performance of the trust reposed in them by this act, which bond shall be deposited in the office of the Surrogate of the said county.

Passed February 20, 1835.

AN ACT to authorize Israel Fish, to convey certain Real Estate to the Inhabitants of the township of Trenton, in the county of Hunterdon.

WHEREAS, the town committee of the townships of Trenton and Ewing, in the county of Hunterdon, have, by their joint menorial, represented to the Legislature, that on the first day of April, in the year of our Lord, one thousand eight hundred and seventeen, Israel Carle and Israel Fish, both of the township of Trenton, in the county aforesaid, became seized, in fee, of a tract of land in said township, containing about seventy-seven acres of land, in trust only, and to and for the sole and only proper use and behoof of Preamble the inhabitants of the township of Trenton, in the county of Hunterdon, their successors and assigns forever, and to be sold, conveyed, disposed of, mortgaged, charged, and incumbered only by the order of the said The inhabitants of the township of Trenton, in the county of Hunterdon, made at a lawful town-meeting, and entered on their minutes, in the town book, or by the order of the township committee of the township of Trenton, for the time being, entered on their minutes; AND WHEREAS, the said The inhabitants of the township of Trenton, in the county of Hunterdon, afterwards became seized in their own right, by virtue of a deed of conveyance from the executors of Asa Knowles, deceased, of a tract of land, containing about thirteen acres, adjoining the aforesaid tract; which said tracts have been used for, and known, and designated as the Poor House Farm of the township of Trenton; AND WHEREAS, by an act of the Legislature of this state, entitled "An act to establish a new township in the county of Hunterdon, to be called the township of Ewing," passed the twenty-second day of February, in the year of our Lord, one thousand eight hundred and thirty-four, the said township of Trenton hath been divided, and a part thereof set off into a separate township, by the name of the township of Ewing, and a division of the property of the said township of Trenton, as it existed previously to the passing of the said

1. Fish autho-
rized to convey

Poor House
Lands to the
township of
Trenton.

act, hath been thereby authorized between the said townships of Trenton and Ewing; AND WHEREAS, in order to effect a just and impartial division of the said tracts of land, between the said townships, in pursuance of the said act, the said Poor House Farin hath been, by an order of the inhabitants of the township of Trenton, in the county of Hunterdon, made at a lawful town-meeting, and entered on their town book, and also, by a like order of the inhabitants of the township of Ewing, in the county of Hunterdon, made at a lawful town-meeting, and entered on their town book, sold at public vendue, and the said the inhabitants of the township of Trenton, have become the purchasers thereof; AND WHEREAS, since the making of the aforesaid deed of trust, the said Israel Carle hath died, leaving the said Israel Fish surviving; AND WHEREAS, under the peculiar circumstances of the case, difficulties exist in the transfer of the said premises, pursuant to said sale, and doubts have arisen, whether a valid title can be made for the said premises, to the said The inhabitants of the township of Trenton, without Legislative aid in the premises; AND WHEREAS, the said memorialists have, by their memorial, prayed that, in order to remove existing difficulties, and to quiet the title to the said tracts of land, an act might be passed authorizing the said Israel Fish to convey and release to the said The inhabitants of the township of Trenton, in the county of Hunterdon, the said tracts of land, and all the right, title, and interest, as well of the said The inhabitants of the township of Ewing, and of the heirs of the said Israel Carle, deceased, as of the said Israel Fish therein; and the prayer of the said memorial appearing to be reasonable, just, 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 Israel Fish, of the township of Ewing, in the county of Hunterdon, be, and he is hereby authorized and empowered, to make and execute unto the inhabitants of the township of Trenton, in the county of Hunterdon, a good and sufficient deed of conveyance, for all that farm and tract of land which was conveyed from Samuel Howell and Sarah, his wife, by deed, bearing date on the first day of April, in the year of our Lord, one thousand eight hundred and seventeen, unto Israel Carle and Israel Fish, in trust for the inhabitants of the township of Trenton, in the county of Hunterdon; and, also, a good and sufficient release of all the right, title, and interest, of the inhabitants of the township of Ewing, in the county of Hunterdon, in, and to all that tract or parcel of land, known by the name of the Poor House Farm, in the township of Trenton, including, as well the aforesaid tract, as also a certain other tract conveyed to

« PreviousContinue »