The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-03-12

An Act in addition TO the several Acts for
the more easy Partition of Lands OF other
Real Estate.
SEC. I. Be 1t enacted By the Senate and
House Of Representatives. in General Court as
sennbled, and by the authority Of the same, That
whenever any petition shall have been duly
filed by any person or persons, praying parti-
ton OF any land or other real estate alleged to
be held by him or them with any other person
or persons, as tenants in common, Joint ten
ants or coparceners, and of which partition
may lawfully be claimed, the proceedings
thereon shall not be taken and deemed to be
abated by the death of any person or persons,
other than sole petitioner, interested in the
land or real estate, of which partition is so
prayed, IN any stage of such proceedings
And il any person so interested In any such
land or other estate Of which partition is pray
ed, shall die, before an ntcrocutory judgment
be entered UP, thsk partition he made, any
other person who shall become interested in
such land or other estate, in consequence of
such death, by descent or devise, shall be adj
mitted TO appear and become party to such
proceedings, anu shall thereapon be received
TO plead aud answer 10 such petition, within
reasonable time, in thes;,n manner as ii such
person had been originally interested in such
land or estate.
SEC. 2. BE Hfuriher enacted, That if daring
the pending of any petition for partition, and
after the service and return Of such notice as
may have been ordered thereon, any person
interested in the estate, Of which partition
shall, be prayed, shall die, whether such person
shall have appeared aud become party tesuch
proceedings or net, il shall be the duty OF the
petitioner to cause suggestion of such death
to be made to the Court, and entered of rec
ord, aud thereupon it shall be the duty Of The
Court, before whom such petition is depend
ing, to order such further notice by publick
advertisement or personal service 10 any per-
son or persons, who by reason of such death
NAV have becpme interested in such estate, by
descent or devise returnable forthwith, or at a
subsequent day in the same term, or at a SUBJ
sequent term, as the justice Of the case, under
all its circumstances, may in their judgment
require. And in case any person so interested
in lands or estate Of which partition is prayed,
shall die at any stage of the proceedings
thereon after the filing of the petition and be-
fore 6nal Judgment be rendered on the return
of Commissioners appointed TO make such par
titen. any person thereby becoming interested
received and admitted OH the return of such
Commissioners, to make the like objections to
the said return and to the rendition Of iudg-
nient thereon, as such person would have law
fully been entitled to make, had he been origi-
nally interested in such estate.
SEC. 3. BeHJarfher enecfed, That when, by
reason Of the death of any person interested in
any land or other estate OF which partition is
prayed, during the pendency Of any petition,
any other person shall become interested
therein by descent or devise, and such person
shall be an infant, femme covert, non compos
ments, out OF this Commonwealth, or otherwise
incapacitated to take care of TIER estates. II
shall be the duty Of the Court, before whom
such petition is pending, to take the same pre-
cautions and adopt the same measures for pro-
tecting and Securing the respective rights and
interests Of persons under such disabilities, as
are required BY law in cases where persons
under like disabilities are originally interested
in the land or other estate, Of which partition
is prayed.
Approved by the GOVERNOR, Feb. 0, 1929.