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An Act for the relief of the widow and heirs of Rob't S. Samuel. 1838 199 (1838)

handle is hein.slavery/ssactsky0326 and id is 1 raw text is: LAWS OF KENTUCKY. to the Nelson Circuit Court, for authority to sell the interest 1839 of said heirs, in the estate, real and personal, of their deceased brother, Robert C. Pottinger, on such terms and in such man- ner as %vill enable the said guardian to apply the proceeds of the sale of the interest of said heirs in the estate of their de- ceased brother, Robert C. Pottinger, to the necessary inainte- nance and suitable education of the said infant heirs, and mak- ing the said heirs defendarts; in which petition he shall state the facts on oath, the value, as nearly as he is able to state the fact, of the value of the interest of the heirs in the estate, real and personal, of said decedent; and the said court, upon the Court may presentation of said petition, thus verified upon oath, if they ondecertainlecon- shall be of opinion that the sale of said property will redound ditioos. to the benefit of the said infants, and is necessary to their suit- able education, shall order said sale to be made upon such terms as shall seem to said court best. SEc. 2. That before the estate shall be sold, it shall be the Guardian to duty of said court to take from the guardian a bnd, with good give bond, and surety or sureties, payable to the Commonwealth, conditioned its condition. for the faithful application of the funds to the objects in view; which bond shall be filed in the papers of the suit, and may be sued upon for a breach thereof, at the instance of one or both the heirs. Approved February 18, 1839. CHAP. 1235.-AN ACT for the relief of the widow and heirs of Rob't S. Samuel. Be it enacted by the General Assembly of the Commonwealth Admyr may of Kentucky, That the administrator of Robert S. Samuel, be, file bill in ch'ry and he is hereby authorized to file a bill in chancery, in the -orwhatpur- Woodford Circuit Court, alleging that his intestate had pur- pose. chased a tract of land from one Benjamin Berry, containing one hundred and nineteen or twenty acres, and died before he obtained a title to the same, and before he had paid all the purchase money, showing the balance still due from the estate of said Samuel, in payment of the aforesaid tract of land, and likewise other debts of said estate, and also, the assets in his hands, and that the personal estate is insufficient to pay the debts; making the widow and heirs of said Samuel, and also Who to b, Benjamin Berry, the vender of the land, parties to the bill, made def'ts. praying for a sale of the intestate's equity in said tract of land, and also a decree for the title to the purchaser; and the court Power and shall cause the accounts of the administrator to be settled, and duty of court. the whole personal estate applied to the payment of the debts, retaining the slaves for the use of the widow and heirs; and after ascertaining the amount of debts and the value of the real estate, may decree a sale of the land, fixing the minimum

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