Thomas's Massachusetts spy, or, Worcester gazette. [volume] (Worcester, Mass.) 1811-1821, 1821-03-07
GcmmuntDsattb Of spassstbusstis.
In the year of cur Lord one thousand
eight hundred and twenty-one.

AN ACT further to regulate the iuris-
diaion and proceedings Of the Courts Of Pro-
bate.
DE it enabled BY the Senate and Hoajs Of
'S'' ID Representatives. in General Court aqe6bled,
and BY the authority Of tie aae That when any part
of the real effate OF pei ion deceafcd fhall lie in
common and undivided with that of any Other
perion or perlons. the Judge of Probate, having
juriidiAion of the fettlement of the elate of the
deceaied, may iHue his warrant to committee of
three dicreet and dihnteIeGcd freeholders, dire4-
ing them fever and divide sid real eiate of the
deceaied from tina, of ioch other perfon peons,
according to law; but the faid Judge may caule
iuch real eaate Of perion decealed, be divided
among his heirs or devices, or dover to be af-
figned therein, without firR requiring the fame to
be ievered from tina. of any other perion or per-
Ions with which it may lie in common, .wheneg.
er the nature of the cafe lhsI permit, and the par
ties applying for fuch diviGon or sihgnment lhali
rqueh it. And when iuch real efiate of perion
deceaied fhali lie in common with that of other
perlons unknown to the petitioner for PARTITION,
publick notice ihall be given to them by the
Courts of Probate in the fame manner as it may
be done by the Courts of Law, provided; that
appeal fhall Be allowed from any order, denial,
or deciiion of any Judge of Probate, on any Pc
titio1 or application made under the authority of
this act in like manner as in other cafes.
Sac, .. Bet further ena9ed, That all parti.
ticns OF real eaate, made undss the authority of
any Court of Probate, when the lame is holden 10
commou with franger, and all distributions
OF the real elsate OF any teaator inteaate, ly-
ing out of the County in which fuch Court is
holden. and under the authority aforefaid, haIl
be recorded in the Regiftry Of Deeds in the Couu-
ty where fuch real eilate lies.
SIC. 8. Be It further enaasd, That whenever
it lhall be made to appear 90 the Supreme Court
of Probate that it would be manifeRly beneficial
to sny Ward or Glfui que uua, that portion
OF the perional property 10 the hands Of his guar
dian or tiuiiee, lhould be Unveiled in flock, 10
Any publick fund, or in real eRate, and no DIFF
Brent Proyilon is made for the dilpolal of fuch
ps II property in the iniIument by or under
W. Tfuch Guardian or TIuAee is appointed, the
Coen, on petition of iuch Gusrdian or TruHee,
oI of any perfon having an interea in laid prop
city, may order the fame to be inveiaed in luch
ftock OF in real eifste within fuch time, and un.
der fueh Limitations and TeRrefions as it lhall
think proper to inpoie, provided that notice of
the iubRance of iuch petition be previoufly given
TO all perfons intereRed in the fame manner as is
required in cafe of petitions for partition of real
tRate, that they may appear and fhow caufe. if
any they have. why the prayer OF iuch petition
hould not be granted. And provided, aio,
that nothing 10 this fiction (hal be 70 confirmed
as to take away the right which guardians and
truRees now have to inveR the eaates of their
Wards in &ock or in any publick funds without
application to the iaid SuPieme Court of Probate.
ARProUsd BY the GOue,nOur, Feb. IL, 1891.