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An Act for the benefit of the widow and infant heir of John Gilbert, deceased. 1839 236 (1839)

handle is hein.slavery/ssactsky0354 and id is 1 raw text is: LAWS OF KENTUCKY. 1840. CHAP. 379.-AN ACT for the benefit of the widow and infant heir of John Gil- bert, deceased. SEC. 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That it shall and may be lawful for A sale of real Martha Gilbert, administratrix of John Gilbert, deceased, to estate authori- file her bill in the Spencer Circuit Court, making Julia Ann zed. Gilbert, an infant and only child of thesaid John Gilbert, dec'd, defendant thereto, setting forth therein, that the personal es- tate, (except the slaves,) belonging to the estate of said decea- sed, is insufficient to pay his debts; and, also, to set out the amount of personal estate, and the manner. in which it has been disbursed, and the amount of debts remaining unpaid; and, also, to set forth and show the quantity of land that has descended to the widow and heir of said decedent; and, also, to alledge that it will be to the advantage and interest of the widow and heir to reserve said slaves and sell a house and ten acres of land, near the town of Taylorsville, whioh has dcz cended to the widow and heir, aforesaid, 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 heir of said dece- dent, and also a commissioner to state the accounts of said ad- ministration, and to report the amount of outstanding debts, and the value of the house and lot proposed to be sold, and the situation of the other estate of said deceased; ahd if the chan- cellor shall be of opinion that it will advance the interest of said widow and infant heir, to reserve the slaves and sell the house and lot aforesaid, for the purpose of paying the debts, he may, and is hereby authorized, to decree a sale thereof, on such terms and conditions, as to said court may seem just and equi- table, and may appoint a commissioner to execute said decree, by a sale and conveyance of said house and lot to the purcha- ser or purchasers. SEC. 3. That said court, upon rendering such decree,shall re- quire bond, with approved security or securities, from said complainant, in such penalty as said court may fix, with con- dition, that she will well and truly apply the proceeds of the sale of said house and lot to the payment of the outstanding debts of the said John Gilbert, dec'd, and make a full and true report thereof to said court. SEC. 4. That said court may render a decree for the sale aforesaid, at the first term after filing of said bill, and the filing of the answer of the infant heir, as aforesaid; provided, said court shall consider it necessary and prudent. Approved February 19, 1840. 236

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