The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1889-09-08
CHAPTER XVII.

CHAPTER XVII.
A Supplement to an act entitled ''An
act declaring when the death of persons
absenting themselves shall be pre-
sumed," passed the seventh day of
March, in the year of our Lord one
thousand seven hundred and ninety
seven.
l Be it enacted by the Senate and Cen
eral Assembly of the State of New jersey,
That in case any person who, If living at
the death of any decedent, would take, as
heir-in-law or devisee of such de-
cedent, any lands and real estate within
this State, shall or may, at the date of the
death of such decedent, be presumed to
be dead, pursuant to the provisions of the
act to which this is supplement, then
any person or persons who would be en-
titled 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 a petition, duly verified, to the
Chancellor of this State, praying for the
sale of said lands and real estate, which
petition shall describe said lands and real
estate, and set out the name of the de-
cedent last seized thereof, the time of his
or her death, the name of the person pre-
sumed 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
W NC eublbIeu by ueSC6uU or ucNlS6
said decedent, to- any interest or estate in
said lands and real estate; thereupon the
Chancellor shall, by order, fix q time for
hearing said petition not less than four
weeks thereafter, and shall direct service
of notice of such hearing, describing the
lands and real estate to be affected, upon
such persons and in such manner as he
shall think proper, and that said notice be
published at least once a 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 satisfied of the
truth of the allegations of said petition,
and having heard all parties interested
who may appear at the time fixed for the
hearing of said petition, may order said
land and real estate to be sold in such
manner as he may deem advisable; and
thereafter said person presumed to be
dead, If he or she prove to be living, or
his or her heirs or devisees If he or she
prove to have lived to be seized of or en-
Titled to said lands and real estate, and
all persons claiming any interest in said
lands and real estate, by descent or devise
from the decedent, shall be forever barred
from any claim or title to said lands and
real estate, and entitled only to the pro-
ceeds of the sale thereof, as hereinafter
provided; and the purchaser or purchasers
at such sale shall be seized of and hold As
good and perfect 81 title to and estate in
said lands and real estate as said decedent
was seized of and held in his lifetime
2. And be it enacted, That the proceeds
of such sale after the payment therefrom
of the costs and expenses of the proceed
ings, as allowed by the Chancellor, shall
be paid into the Court of Chancery, and
oh oil he diCfr Tod tbec ,,,f
Chancellor, to such person or persons as
he may adjudge to be entitled thereto as
heirs or devisees of the decedent, upon
such person or persons entering into bond
to the State of New Jersey, with surety
or sureties to be approved by the Chan
cellor, in double the amount of the share
or shares received by such person or
persons, conditioned for the payment on
demand of the amount of such shares or
share to the person presumed to be dead,
If he or she prove to be living, or to his or
her heirs or devisees, if he or she shall
shall prove to have lived to be seized of
OF entitled to said lands and real estate,
which said bond shall be filed with the
clerk of The Court of Chancery, and be as
signed for prosecution by the order of the
Chancellor, in the name of the State of
New Jersey. to the person or persons en-
titled to the benefit thereof.
3. And be it enacted, That the Chan
cellor may order any estate Of dover or by
the curtesy in such lands and real estate
to be sold and said lands and real estate
discharged therefrom, and that certain
sum of money to be paid in lieu thereof,
to the person or persons entitled to such
estate, or certain share of the proceeds
of the sale of said lands and real estate to
be invested for-the benefit of the person
or persons 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.