Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-12-12
PETITION OF H. n. BURGwYN & WIFE
Nov. rs, 1860.

PETITION OF HI. n. BURGWYN & WIFE.
IoMe Honorable tie Sesate and House of Representatives.
of the Commonwealth of Massachusetts,, in general Court
asse,njed:
Respectfully represent your petitioners. HENRY KING
BURGWYN and ANNE e. BURGWYN wife Of the said
Henry, of Raleigh, in the county of Wake and State of
Nsrth-Carolna that prior to their marriage in the Com.
monweah of Massachusetts, ely the twenty
day of November A. d. eighteen hundred and hirveght
they made and entered into indenture in which it
provided among other things that the property of the said
Anne G. Burgwyn should be held for certain and
trusts therein mentioned, and it further declared and
agreed in said instrument that should be lawful for the
trustees at time during the joint lives Of the said Anne
and Henry and the life Of the survivor with the consent
Of the said Anne and Henry the survivor of them to
SELL dispose of and convey all any Of the real estate
aforesaid, to convey in exchange the premises any
part thereof for in lieu of any other lands of equal value
in the opinion Of the said trustees and also to make sale
and dispose Of or convey in exchange all any of the
lands to be purchased taken in exchange with full
and authority upon payment of the money arising
by sale Of or given in exchange with all or any part or
for the But it also expressly agreed declared
and directed that all monies which should be received by
upon any such sale ssles for equality Of exchange
should from time to time, with all convenient speed be in
vested by the trustees and with thu consent and appro
baton of the said Henry and Anne the survivor in the
purchase OF other lands tenements or to be
situated in the Commonwealth Of Massachusets that the
lands purchased taken in exchange should forth with
be settled and conveyed in such manner that they night
thence0rth remain to the to the same trusts
and for the ntens and purposes and subject to the
same powers Of sale and exchange provisions and agree
mens expressed said Instrument concerning
the lands which should be exchanged sold respectively
nearly thereby contingencies wOshd permit And
your petitioners further show that during nearly the whole
Of their married life they have resided without the limits
Of the Commonwealth Of Massachusetts, and the health Of
the said Anne Burgwyn such that she cannot safely
reside within said Commonwealth accnunt Of the
verify of the climate And your petitioners further show
that they have child Of the age Of years. and
five children under that age all residents Of Raleigh in
said State of NorhCa And yonr petitioners fur
ther represent that The restrictions in said marriage settle
ment that the proceeds of land sold exchanged shall be
invested in other lands teneents to be
situated in the Commonwealth Of is attend
ed with great Inconvenience only to the said trustees
but to your petitioners who have suffered great loss there
by, as they are prepared to show. s.a
And your petitioners further show that the trustees
der said marriage settlement William Dehon and James
Read, Esq Of the City of Boston, BY whom your petit.
TONERS advised that the only remedy in the premises
by resolve Of the Legislature Of the Commonwealth.
Wherefore they pray that the power. Of the said trus
tees and Of their be enlarged that they
may be authorized invest such proceeds any
they may deem expedeni subject now. to the approval
of your petitioners and to the other provisions Of said
| marriage settlement. =. .---.cc i.
| A. G. BURGWYN.
p ". CHAxDLsR,
r, Attorney f,r the Petitioners.
| Boston, Mass, Oct, ls, 1850
hereby approve Of the publication of the above petition
the Boston Daily Advertiser and in the North Carolina
| Standard -e;.s7 -,
OLIVER WARNER,
Secty. Of the Commonwealth
SscREfARYs OTYlcE Boston.
| November -, 1860 +H