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An Act for the benefit of the widow and heirs of Stephen Gilbert, deceased. 1838 239 (1838)

handle is hein.slavery/ssactsky0329 and id is 1 raw text is: LAWS OF KENTUCKY. eightoen hundred and thirty eight; he being entitled to a credit 1839 for that sum, for exoqerations, which were improperly certified by the court of said county, as delinquencies, and therefore not allowed by said Auditor, in the settlement of said Sheriff's ac-, count. Approved February 20, 1839. CHAP. 1272.-AN ACT for 'the benefit of the widow and heirs of Stephen Gilbert, deceased. SEc. 1. Be itenacted by the General Assembly of the Com- monwealth of Kentucky, That it shall and may be lawful for Real eslet. the administrators and widow of Stephen Gilbert, deceased, to authorized file their bill in chancery in the Spencer Circuit Court, making be sold for the the heirs of the said deceased, defendants thereto; setting forth paynt oftdebts. therein, that the personal estate, except the negroes, belonging to the estate of said deceased, is insufficient to pay his debts, and also to set out th6 amount. of said personal estate, and the manner in which it has been disbursed, and the amount of debts remaining unpaid; and also set forth and show the quan- tity of the land that has descended to the widow and heirs of said deceased; and also to alledge that it will be to the ad- vantage and interest of the widow and heirs, to reserve the negroes and sell the land that has descended, or so much there- of as will be sufficient to pay and satisfy the debts aforesaid. SEc. 2. That upon the return of process executed, said court shall appoint a guardian ad litem, for the infant heirs of said . Proceecdpi decedent, and also a commissioner, to state the accounts of i courL said administrators, and to report the amount of the outstana- ing debts, aned the value of the land lroposed to be sold, and the situatiorr of the other estate of said decedent ; and if the Chancellor shall be of opinion that it would advance the inter- est of the heirs to reserve said slaves, and sell all or any part of the land aforesaid, for the purpose of payment of said debts, he may, and is hereby authorized to decree a sale thereof, on such terms and conditions as to said court seem just and equi- table ; and may appoint a commissioner to execute said decree, by a sale and conveyance of the said land, to the purchaser or purchasers: provided, that Eliza Ann Gilbert, the 'widow of the said decedent, shall file in the suit, before the decree shall be rendered, an executed release of her dower in the land afore- said. Stc. 3. That said court, upon rendering such decree, shall require bond with approved security, or securities, from the Ad'mr. t& administrators, in such penalty as said court may fix, with give bond; condition that they will well and truly apply the proceeds of the sale of said land to the payment of the outstanding debts- 39

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