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An Act authorizing the sale of real estate and slaves, in which there is a future contingent interest. 1861-1863 249 (1862.8)

handle is hein.slavery/ssactsky0829 and id is 1 raw text is: LAWS OF KENTUCKY. CHAPTER 620. 1862. AN ACT authorizing the sale or real estate and slaves, in which there is a future contingent interest. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. \Vhere real estate or slaves, or the use thereof for How proceed- a limited period, is held, and the title whereof is derived ings miybe tn- by deed or last will and testament, in which there may be stitetd. a contingent interest depending on events which may or not happen, and the person or persons, corporation or cor- porations to take such future interest cannot, for the time being, be ascertained on account of the non-happening of the event or events on which such interest depends, it shall be lawful for any person having a present interest in such real estate or slaves to institute proceedings in any courts of this Commonwealth, not inferior to the circuit court, possessing equitable jurisdiction, and within the county in which the property may be situated, for the sale of the en- tire and absolute title to such property. And if, upon the Decreo of Sale hearing of the case, it shall appear to the satisfaction of mayberendeed it court Is satk - the court that the interests of all the claimants, present and fled. future, would be subserved by a sale of the entire interest in said real estate or slaves, it shall be the duty of such court to render a decree accordingly ; and the purchaser of Purchaser to be .vest-Ad with tile such estate or slaves, upon complying with the terms of uponcomplying the sale prescribed by the decree, shall be vested with all eal rm the title of the present and future or contingent claimants to said real estate or slaves. § 2. The suit may be instituted by any or by all of the Who may ittst- parties having a present or vested interest in said estate ; tute suit. and if any having such interest refuse to join as plaintiffs they may be made defendants, in which event such defend- ant or defendants may have partition of such estate ac- cording to his interest if he, she, or they so desire it. § 3. The court shall, by its decree, secure the proceeds Proceeds o sale to be seou- of sale, and cause the same to be reinvested in the same ed and rek- kind of property, to be conveyed and held in the same vested. manner, and subject to the same limitation, trusts, and con- ditions as the property which was sold: Provided however, That if the property decreed to be sold shall be incumbered by claims for taxes or other lawful assessments for public improvements, the same shall be paid under the order of the court, and the balance of the proceeds of the sale in- vested in other property as herein provided. § 4. The court shall have full power to effectuate the Court to have sales and reinvestments as herein provided, by the ap- power to effet- uate s.Les, awk pointment of commissioners, and the making of such in- how. terlocutory orders necessary to carry into full effect the objects and purposes of this act: Provided however, That in all cases where the vested interest in the estate sought to L32

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