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An Act to authorize the sale of certain real estate and slaves, belonging to the estate of Milton Buckner, deceased. 1855 443 (1855)

handle is hein.slavery/ssactsmo0154 and id is 1 raw text is: 443 AN ACT to authorize the solo of certain real estate and slares, belonging to the estate of Milton. Buckner, deceased. j 1. Real estate authorized to be sold, on pe- 4. Deeds' to be executed to purchasers. tition. 5. When sales to be setaside, and new ordr 2. Lands to be appraised. of sale made. 8. Sale to be ordered and report made. Be it enacted by the General A8sembl ,of the State of Mlissouri, as follows § 1,-That it shall be lawful for William P. Glover and Harriet T. Buckner, administrators of Milton Buckner, deceased, late of Knox county, Missouri, to file their petition in the County Court in Knox county, Missouri, or in whatever court may be exercising jurisdiction of probate matters in said county, setting forth a description of the real estate and slaves belonging to the estate of said decedent, and that it will be to the interest of the persons interested therein to sell the same for the pur- pose of maintenance and education of the infant heirs of said decedent, and partition and distribution; and said Court shall take jurisdiction of said petition, and shall have power, if they shall find the said petition to be true, to order the said administrators to sell the said real estate and slaves, in the manner hereinafter mentioned. § 2. - Before making any order of sale, the said Court shall appoint three disinterested citizens of said county, who shall be sworn, by some officer authorized to administer oaths, well and truly to appraise the said property, which appraisement shaull be in writing, signed by the said ap- praisers and filed with the said petition. § 3. - On the return into Court of the said petition, the Court shall be authorized, as aforesaid, to order the said administrators to sell the said Sroperty, either at public or private sale, for the best price that can be ad.; ani may renew the said order of sale, from time to time, if advisable. In the case of a public sale, the same shall be advertised and sold in the manner prescribed by law for the sales of decedents' estates in said Court, for the payment of debts; and the said administrator shall report any sales made unto said Court, and shall take personal security for any amount of purchase money remaining unpaid, and shall retain the convey- ance of the real estate till the whole purchase money and interest is paid, and shall be responsible on their bonds for the proceeds, in like manner as for the personal estate of said decedent, and shall distribute the sante in course or administration, according to the respective intercst of parties therein; and the said Court shall have power to require the said adminis- trators to enter into bonds with additional penalties, if proper. § . -On payment, in full, of all purchase money and interest, the said administrators shall execute and deliver to the purchaser or purchasers of said real estate, a conveyance thereof; and the said conveynrice shall vest in him or theim a valid title against all the heirs and legal and per- sonal representatives of said Milton Buckner, deceased. § 5. - Provided, that if said real estate be sold by said administrators, at private sale, at less than - (three-fourths) of the appraised value thereof, or if the said slaves shall be sold at private sale at les than j (three- fourths) of tfhe appraised value thereof, the said sale or sales shall not be approved by the said Court, but the same shall be set aside by the Court,. and no title shall pass to the purchaser thereby. This act shall take effect from the passage thereof. Approved December 5, 1855.

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