In force Jan.[January] 26, 1835.
AN ACT for the benefit of the Infant Heir of James Mason, deceased.
1Guardian authorized to sell certain real estate.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Sarah Mason, guardian of Martha Maria Mason, infant and only heir of James Mason, deceased, on filing with the Judge of Probate of the county of Madison, a bond with good and sufficient securities to be approved of by said Judge, in such
sum as may be deemed sufficient by said Judge, conditioned for the true and faithful
discharge of the duties enjoined by this act, and that, as the guardian of said infant
heir, she will well and truly pay over to said heir all the moneys arising from the sale of land herein authorized; shall be and is
hereby empowered to sell and convey by sufficient deed or deeds, all the lots and
lands adjoining to the town of Grafton, of which the said James Mason died seized, either at private sale, under the direction and sanction of the said
Judge, or at public sale, on giving due notice according to law, and upon such terms
as to credit or not to credit, as the said guardian, by the direction or sanction of the said Judge, may deem proper and most beneficial
to her said ward.
Proceeds how applied.
Proviso.
Sec. 2. The moneys arising from the said sales, shall be chargeable in account with her ward to the said guardian,
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and shall be laid out by her to the best advantage of her said ward: Provided, That if in the course of administration, it shall appear that the personal estate
of the said Mason should not be sufficient to pay the debts, the said money so arising from such sale,
shall be subject, by order of the said Judge of Probate, to payment of such deficiency.
Conveyances by administratrix’s deed, valid.
Sec. 3. That said Sarah Mason, being also administratrix of said James Mason, deceased, is hereby authorized and empowered, as such administratrix, to make and
execute deeds for lots and lands in the town aforesaid, or elsewhere in this State, to the purchasers thereof, or their assigns, whenever complete payment shall be
made therefor, as the said James Mason, if alive, would be required to make the same, which deeds so executed, shall be
good and sufficient in law, to pass the estate, right and title of the said heir of said Mason, deceased, to all intents and purposes as if executed by her when of full age.
Approved, Jan. 26, 1835.
1John T. Stuart from the Committee on Petitions introduced HB 9 in the House of Representatives on December 8, 1834. On December 9, the House referred it to the Committee on the
Judiciary. The Committee on the Judiciary reported back the bill on January 17, 1835,
with sundry amendments, in which the House concurred. The House passed the bill as
amended on January 19. The Senate concurred on January 22. On January 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess.,72, 90, 312, 329, 357, 380, 388, 391; Illinois Senate
Journal. 1835. 9th G. A., 1st sess., 282, 288-89, 305, 328, 334, 335.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 74-75, GA Session: 9-1