1822 - Edocs
1822 - Edocs
1822 - Edocs
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143<br />
of the next succeeding term of said court, at the court<br />
house door, after the said administration, having adver-<br />
tised the same in some public newspaper, printed in this<br />
territory, and continued in such paper at least three<br />
weeks, next preceding the day of sale.<br />
And upon the sale of such estate as aforesaid, it shall<br />
be the duty of such administrator to give a credit to the<br />
purchaser of said estate, who shall be the highest bidder,<br />
for one year, upon such purchaser giving bond with secu-<br />
rity, to be approved by the executor or administrator for<br />
the payment of the purchase money. And it shall be the<br />
duty of such administrator, upon the sale of such estate,<br />
to execute to the purchaser thereof, a deed in fee simple,<br />
conveying all the rig-ht, title and interest that said intes-<br />
tate had in and to said estate : which deed shall be acknowledged<br />
before the circuit court of the county, where<br />
the estate shall lie. And it shall be the further duty of<br />
such administrator to pay over unto the territorial treasury,<br />
all the proceeds by him made and received by the<br />
sale of such estate, in the same manner as is directed in<br />
the forty seven) h section of this act, retaining for his<br />
trouble, ten per centum upon the whole proceeds of such<br />
^ale, together with all necessary disbursements by him<br />
actually made in and about settling such estate : provid-<br />
ed, that no executor or administrator shall either directly<br />
or indirectly become the purchaser of the whole or<br />
any part of the land sold by virtue of this section ; and<br />
that when he makes the deed for said land so sold, he<br />
shall make an oath that he is neither directly or indirectly<br />
interested in the purchase of said lands, or tenements,<br />
or any part thereof, nor has the same been purchased for<br />
his benefit or use.<br />
49. Be it further enacted, That, if no heir or legal representative<br />
of any intestate within the meaning of this<br />
act, shall appear and prove his right to such intestates es-<br />
tate, after the money aforesaid is paid into the territorial<br />
treasury, within ten years, such heir or legal representative<br />
shall be barred from having or receiving any part of<br />
such intestates estate, real or personal, or the proceeds<br />
thereof: saving however the rights of infants, married<br />
women, persons of unsound mind, and persons not within<br />
the limits of the United States; or their territories, who<br />
shall respectively have the aforesaidHen years, after their<br />
respective disabilities are removed, or his or their return<br />
to the limits of the United States, or their territories to<br />
prove their respective claims aforesaid. But if any heir<br />
or legal representative shall appear within the time limited<br />
by this section,, and produce legal proof of his, her<br />
or their right to claim such estate, the court shall cause<br />
the money paid into the treasury, as .foresaid, to be<br />
forthwith' paid unto/him, her or them, out of the territorial<br />
treasury<br />
Term* of sale.<br />
Proceeds paid intr*<br />
the Territorial<br />
treasury.<br />
Proviso.<br />
Heirs barred afit.<br />
ten vears.<br />
Saving-,<br />
Leg-al representa<br />
tive appealing- in,<br />
proper time.