The Monmouth inquirer., 1889-08-29

by law to take any Interest in the said lands and
real estate by descent or devise from such decedent
in case such person presumed to be dead were
/ proved to be dead at the death of decedent may
present petition duly verified TO the chancelior oi
this state praying for the sale of said land ana real
estate, which petition shall describe SAID lanus ana
real estate, and set out the name OF the ueceuent
last seized thereof the time of his or her death tne
name of the person presumed to be dead and the
| time and place when and where he or she was last
heard from, and the names OF all persons known 10
be entitled by descent or devise from said decedent
to any interest estate in said lands and real es
tate thereupon the chancellor shall, by order hx
time for hearing said petition not less than four
weeks thereafter and shall direct service OF notice
of such hearing describing the lands ana real estate
to be affected upon such persons and IN such man
he shall think proper, and that SAID notce be
published at least once week in such newspapers,
and for such number of weeks not less than two, as
he may specify, of which newspapers one shall be
published in the county where the said lands and
real estate are situated; and the chancellor upon
proof of the service and publication of SAID notice
as by him directed and upon being satisneu OF tne
truth of the allegations of said petition ana havng
heard all parties interested who may appear at tne
time fixed for the hearing of said petition, may or
der said land and real estate to be sold III sucn man,
ner as he may deem advisable; and Thereafter sald
person presumed be dead he or she prove to pc
living or his her heirs or devisees II ne or sne
prove to have lived to be seized OF or enttea 10 siu
lands and real estate and all persons claiming any
interest in said lands and real estate by descent OF
devise from the decedent, shall be forever barred
from any claim title to said lands ana real estate
and entitled only to the proceeds of the sale tnere-
of as hereinafter provided; and the purchaser Of
purchasers at such sale shall be seized of and hold
as good and perfect title to and estate In said LANDS
and real estate as said decedent was seized OF ana
held i'll his lifetime.
2 And be it enacted, That the proceeds OF such
sale after the payment therefrom of the costs ana
expenses of the proceedings, as allowed by the
chancellor shall be paid into the court OF chancery
and shall be distributed, upon the order OF tne
chancellor to such person or persons as he may ao
judge to be entitled thereto as heirs or deysees OF
the decedent upon such person or persons entering
into bond the state of New jersey with surety or
sureties to be approved by the chancellor in double
the amount the share or shares received by sucn
person or persons, conditioned for the payment, on
demand of the amount of such shares or snare 10
the person presumed to be dead if he or she prove
to be living to his her heirs or devisees II ne
or she shall prove to have lived to be seized OF or
entitled to said lands and real estate which SAID
bond shatl be filed with the clerk of the court OF
chancery, and be assigned for prosecution by the
order of the chancellor in the name OF the state OF
New Jersey to the person or persons entitled to the
benefit thereof.
3 And be it enacted, That the chancellor may or
der any estate of dower.or by the curtesy IN sucn
lands and real estate to be sold, and said lands and
real estate discharged therefrom and that certain
sum of money be paid in lieu thereof to the person
or persons entitled to such estate certain share
of the proceeds of the sale of said lands and real es
tate be invested for the benefit of the person or per
sons entitled to such estate, in the same manner as
now provided for in the partition in chancery OF
lands held in common.
4. And be it enacted, That this act shall take
effect Immediately.
Approved February %, 1889.