About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

An Act for the benefit of the heirs of James L. Gill, deceased. 1837 58 (1837)

handle is hein.slavery/ssactsky0306 and id is 1 raw text is: LAWS OF KENTUCKY.. 1538. istrators of said decedent; and the deeds so made by the guar- dian shall be as binding on the heir as if the said Morris had conveyed in his lifetime, but shall bind him no farther. SEC. 2. That in deducing title through any deed which may be made under and by virtue of this act, it shall not be neces- prima facia ev- sary to produce or prove the writing by virtue of which it idence that was made, nor the written assent of the administrator, or ad- they wereprop. ministrators; nor shall it be necessary in a contest with the erly made. heir, unless the writing or assent afbresaid be denied upon oath; but in all cases where it may be necessary to produce a deed, made by virtue of this act, the same, or a duly attested copy thereof, shall be* deemed and held by all courts in this Commonwealth to be prima facie evidence that it was pro- perly made, upon valid authority. SEC. 3. That the said guardian, for the time being, in con- Guardian junction with the administrators, by and with the assent of may eaucel the widow of said decedent, shall have, and they are hereby etin co- vested with full and complete power and authority to cancel any contract which the said George Morris, in his lifetime, may have made, for the sale of land, where the purchaser or purchasers shall refuse to comply, if the said guardian and ad- ministrators shall, in their discretion, believe it to be advan- tageous to the heir to do so; or may submit the same to arbi- tration, either before or after suit brought: Provided, howev- er, That in all cases where deeds may be made, or contracts cancelled, by virtue of any of the provisions of this act, the said infant heir shall have the same time allowed him, after his arrival at full age, to impeach the same by suit, or other- wise, that a court of chancery would have allowed him to open a decree, had the same been decreed by the chancellor. SEC. 4. That in all cases where the guardian shall make Writings to deeds, or cancel contracts, under the provisions of this act, be filed with he shall take in the writing upon which he acted, and file the he Clerk. same with the clerk of the court by whom he was appointed, upon a settlement of his accounts-there to remain and be kept as other vouchers for the inspection and benefit of the heir and all others concerned. SEc. 5. That if the contract, as to any land sold, as afore- A sale of said, be rescinded under the provisions of this act, it shall and land may be may be lawful for the court of chancery of the county where decreed. the land shall lie, upon the application of the heir, by his guar- dian or next friend, to decree a sale of the land, if it shall be deemed right and proper. Approved January 16, 1838. CuAp. 569-AN ACT fur the benefit of the heirs of James L. Gill, deccased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the executor of James

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most