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An Act to invest the Probate Court with additional powers over the estates of deceased persons. 1865-1866 92 (1865)

handle is hein.slavery/ssactsal0658 and id is 1 raw text is: that the amount to be paid under the provisions of thir
act shall not exceed three hundred and fifty dollars, paid
for any chancery court, or any county in this State.
Approved, February 20, 1866.
No. 79.]              AN ACT
To invest the Probate Court with additional powers over
the estates of deceased persons.
SEcTroN 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assem-
bly convened, That in all cases in which any estate-con-
sisting of land and slaves is required, by last will and tes-
tament to be kept together, and the slaves to be worked
on the land for a term of years, or for the life of any
party in interest, or until the happening of any contin-
gency, the Probate Court of the county in which such
last will and testament has been admitted to record and
oitegive  o probate, or- which may have jurisdiction of the same, is
probat Jdges hereby invested with full power and authority to grant
were saves.  an order authorizing the executor, administrator with the
will annexed, or guardian who may have the custody and
management of the estate, to contract with, employ and
hire a sufficient number of laborers to cultivate the said
land, or such portions thereof as can be advantageously
worked according to the provisions of the will and the
intentions of the testator as near as may be.
SEC. 2. Be it further enacted, That before granting
New applia- any order under the provisions of the foregoing section,
tion tobemade. the Judge of the court having jurisdiction, shall require
the executor, administrator with the will annexed, or
guardian, to file a petition, under oath, setting forth the
facts upon which the application is based. Upon the
filing of said petition, the judge shall appoint a day for
the hearing of the same, and shall give ten days' notice
thereof by advertisement in some newspaper published in
C as e to be tile county, or,' if, there be no newspaper, then by post-
Wed.      ing the notice at the court house door; and on the day
appointed, the Judge shall proceed to hear and determine
the same upon the evidence adduced by the petitioner, or
by the other parties in interest, and such other evidence
as the said Judge may in his discretion cause to be ad-

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