West-Jersey pioneer., 1870-04-22
CHAPTER CcLIx.

An act relating to the sale of lands by executors a
ministrators and guardians.
]. Be it enacted by the Senate and General Assem-
bly, of the State of New Jersey, That in all proceed
ngs for the sale of lands hereafter to be made by
executors, administrators and guardians, under the
direction of the orphans court (hy virtue OF the
stng laws of this State) whenever any person shall
be entitled to estate dover by the curtesy
the whole or any part or share of the premises in
question. and such person (enttled to such estate)
shall before at the time of the making of the
der by the said court for the sale of said lands and
real estate by writing, under his her hand and
seal, signify his or her assent and determination 70
relinquish his or her estate in the same, nat the
same may be sold free of the incumbrance Of such
estate whenever the estate in dover or by the
curtesy of any person in the premises sought to be
sold, or any part share thereof, shall have been
admitted by the executor, administrator guardian
applying for the sale thereof, and upon due proo
that notice has been given to the party entitled to
the said estate in dover by the curesy, of the in
tended application for the sale of said lands free and
dschs ofsuch estate at least twenty days prior
to such application, or by publishing such notice
least four weeks next preceding the time of making
such application, IN one of the newspapers printed
and published in the county where such lands are
situated shall be lawful for tn court to which such
application shall be made to consider and determine,
under all the circumstances of the case, having re-
gard to the interests of all the partes whether such
estate ought to be excepted from such sle wheth
er the same should be sod and to order and decree
accordingly.
3 And be it enacted That if the sale Of the prem
ses including such estate shall be ordered the estate
and interest of every such person shall pass thereby
and the purchaser, his heirs and assigns, shall hold
such premises free and discharged from sll claims
by virtue thereof.
s. And be ii enacted That upon such sale being
made of any such estate the court shall direct the
payment of such sum in gross out of the proceeds o
the sale of the premises to the person entitled to
such estate, in dover or by the curtesy shall be
deemed just and reasonable satisfaction tor such
estate interest and which the person entitled
sh all consent in writing to accept in lieu thereof but
in case no such consent be given before the maxi
the order confirming such sale, then the court shall
ascertain and determine what proportion of such
proceeds will be just and reasonable sum to be in
vested for the benefit of the person entitled to such
estate in dover or by the curtesy, and shall order
the to be put at interest sufficient security
of real property or invested in public stock. or de-
posted in some safe and reliable savings institution,
by order and under the direction and control of said
court for the benefit of the parties entitled, and the
interest thereon to be paid to them the same may
become due, as a compensation for and in lien of
their said estate and at their decease the said princ
pal sum shall be paid to or distributed among the
parties entitled thereto.
4. And be it enacted, That this act shall take effect
Immediately.
Approved March 16, 1870.