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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.

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