1822 - Edocs

dvertinement.
'roceedingsatsale
gturned to court.
.^estator not giving
jower to sell lands
Jistribution, when
o be made.
134
sale shall be made, the said court shall order a snmcient
number of advertisements to be made out by the clerk,
giving notice of the lands to be sold, and of the tUfte and
place; which notice shall be delivered to the s-by&riff
the county, where the land may lie, whose duty it. Shall
of
be
to put them up at the most public places in the county, at
least twenX^days before the time of .sale. And the ad
ministrator' making such sale shall bring his proceedings
to tM^fgutt circuit court to be holden for the county, after
the ssHe^nade, together with an oath or affirmation that
such administrator did not become a purchaser of such
lands himself, that they were not purchased for his use,
and that h* is in no wise interested in the purchase thereof,
and lands tenements and hereditaments so a-s aforesaid
sold by order of the circuit court, shall not be liable in the
hands of the purchasers for the debts of the intestate.
26. Be it further enacted, That, where any- person shall
die having duly made his last will and testament and being
owner of any lands and tenaments in this Territory,
at the time of his death, but not sufficient personal estate
to pay his or her just debts, and shall not, in or by his or
her last will and testament, give power and authority to
Sell or dispose of his or her said real estate, for the payment
of such debt, it shall and may be lawful, in such
case for the executor or executors in said will named or
any administrator with the will annexed to apply to the
circuit court of the county where such lands or tenements
lie, which said court shall make such order as they may
think proper, from time to time for the defraying of the
just debts, for the sale of such lands and tenements or
any part thereof and proceed in same manner for the
sale of such lands as is mentioned, and provided hereinbefore,
for the sale of intestates real estate: Provided always,
that before any such order of sale shall be made
the executor or executors, administrator or administrators
with the will annexed, shall give notice of his, her
or their intention to apply for such order of sales, in one
or more of the Gazettes published in this Territory, for
at least six weeks before, of which the court shall, before
granting such order of sale, require due proof: Provided
always, that nothing in this act contained shall be construed
to effect the right, any widow may have, to dower
in the estate of her deceased husband.
27. Be itfurther enacted, That executors and administrators
shall not be compelled to make distribution or
pay legacies, until six months after granting the administration
or letters testamentary, unless the legacies specified
be such kind of property as would be perishable or
subject to injury if retained for six months. Nor shall
administrators be compelled to make distribution or pay
legacies at any time, until bond and security be given, by