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Sec[Section] 1. Be it enacted by the people of the State of Illinois represented in the General assembly. That Curtis Blakeman Jr, executor of the last will and testament of Curtis Blakeman Senr deceased late of Madison County in the State of Illinois be and he is hereby authorized and empowered to sell at
public auction for the highest and best price that can be had, either in quarter,
half quarter, or quarter quarter sections, as he may judge best all the lands with
the improvements thereto, of which the aforesaid Curtis Blakeman Senr died seized, having first given four weeks notice of the time place and terms of
said sale: one half of the purchase ^money^ shall be paid down and the balance in twelve months thereafter, or if it be deemed
more advisable by said executor a credit of twelve months may be given for the whole of said purchase money; the
purchaser in all cases giving to said executor his note with approved security for such purchase money. The said Curtis Blakeman Jr shall give a title bond to each purchaser of said land and upon payment of the whole
of the purchase money due by any such purchaser shall execute and deliver to him,
a general warranty Deed, which deed or Deeds shall transfer and convey all right,
title, claim and interest of the heirs and legatees of the said Curtis Blakeman Sr, Decd[Deceased] at law and in equity in & to said lands to said purchaser & shall secure to him or
them a safe sum and indefeasible estate right and inheritance therein forever.
Sec 2.
It shall be the duty of the said Curtis Blakeman Jr, previous to making sale of said lands,
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to apply to the Judge of probate of said county of Madison, in writing who shall appoint three good Citizens of said county to view, value and appraise all the lands so to be sold; who or a majority of them,
having first taken an oath before some officer of said county authorized to administer oathes faithfully to view, value and appraise said lands, shall procede to perform that duty, and shall within five days thereafter order ^return^ a complete list of the same, with the value of each tract thereof, and of the whole
under their hands and seals, and for such sevices the Judge of probate of said county shall allow to said appraisors a reasonable compensation, not exceding two dollars per diem to be paid by said executors, out of any assets in his hands belonging to said estate.
Sec 3.
It shall be the further duty of said Curtis Blakeman Jr, upon the return of the appraisers being made as aforesaid, and before proceding to sell said land to execute and file in the office of the said Judge of Probate,
his bond with good and sufficient security to be approved by said Judge of Probate
in a sum double the appraised value of the aforesaid land, and payable to the people
of the State of Illinois for the use of the parties interested, conditioned that he will faithfully discharge
all the duties incumbent on him by the provisions of this act, and that he will promptly
account for and pay over, and herein required all monies that may come to his hands,
on account of the sales of the lands of the estate of said Curtis
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Blakeman Sr Deceased as herein authorized to be made by him.
Sec. 4.
Said Curtis Blakeman Jr, may employ the necessary clerks and a crier in the sales herein required to be made, who shall be allowed such reasonable compensation not exceding two dollars per day as said court of Probate may Judge reasonable to be paid by said executor & charged to the estate. Such sale shall take place between the hours of ten oclock A.M. & five Oclock P.M. and may be continued from day to day untill the whole shall be completed.
Said Curtis Blakeman Jr, may employ the necessary clerks and a crier in the sales herein required to be made, who shall be allowed such reasonable compensation not exceding two dollars per day as said court of Probate may Judge reasonable to be paid by said executor & charged to the estate. Such sale shall take place between the hours of ten oclock A.M. & five Oclock P.M. and may be continued from day to day untill the whole shall be completed.
Sec. 5. Said Curtis Blakeman Jr shall after making such sale as aforesaid make or cause to be made a bill of the
sales of said real estate describing particularly each tract of land sold, to whom
sold, and at what price, which sale bill when thus made and certified by the clerk
and crier thereof to be correct and true, shall be returned into the office of the
Judge of Probate for said county, in five days thereafter.
Sec. 6. The said Curtis Blakeman Jr. shall pay to the adult heirs and legatees of the said testator respectively their distributive3 shares of the money arising from the sales of the lands herein authorized to be
sold in the propositions provided by the will of said testator, at any time after the collection of said monies, upon the order of the Judge of
probate of said county, after deducting all reasonable charges to be allowed by said Judge of probate provided, that said Judge of probate may at any ^time^
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after the passage of this law compel said Curtis Blakeman Jr. to pay to each of the adult heirs & legatees of said testator their Respective portions of the personal estate of said testator, under said will which has come to the hands of said executor, any thing in the will of the said testator to the contrary notwithstanding.
Sec. 7 The balance of the money arising from the sale of land herein authorised and from the sale of the personal estate of said testator heretofore made, after paying to the adult legatees of said testator their respective distributive4 shares as herein required, shall be and remain in the hands of the said Curtis Blakeman Jr. as the Guardian of the minor heirs and legatees of the said Curtis Blakeman Sr. Decd to be by him appropriated for the use and benefit of his said wards during their
minority and accounted for and paid to them as they respectively become of age, in
accordance with the provisions of the law entitled “an act” concerning minors orphans
& guardians approved February 5. 1827 any thing in the will of the said testator to the contrary notwithstanding.
Sec 8. The provisions of the 65th Section of “an act relative to wills and testaments executors administrators and
the settlements of estates, approved January 23rd 1829, shall be of full force in reference to the land herein required to be given
by said Curtis Blackeman Jr, and for the services herein required to be performed by said executor, the Judge of probate of said county shall allow him a reasonable compensation not to excede three per cent upon the amount realized by the sale of said lands5
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Whereas it has been represented to this General Assembly, by the adult heirs & legatees of Curtis Blakeman Senr decd late of Madison County, and by Curtis Blakeman Jr. guardien of the infant heirs and legatees of said decedant ^in behalf of his said wards, that said decedant^ by his will provided that all his estate real & personal should be equally divided among all the children
of said testator (except the said Curtis Jr who was specially provided for by said will) his wife and sister Fanny Allen, when the Youngest of said children should become, if a male 21, and if a female
18 years of age, That some time after the execution of said will said decedant died suddenly of the cholera, & was survived only one day by his wife and one of
his daughters, that of his surviving children and legatees, three of his daughters
are married and stand in immediate need of their respective portions of the estate
of said testator, which is represented to be considerable that one of said legatees, to wit the sister of said testator is sixty years of age, and that unless she soon receive, she cannot expect ever to
enjoy her portion; and that there are four minor legatees, of whom the youngest is
a male and only four years of age, and that consequently by a strict adherance to the will of said testator no distribution of said estate can take place for seventeen years, whereby the greatest
injustice to the adult legatees above refered to might be done, while by so far deviating from the provissions of the will as immediately to sell the whole of the real estate of which the said
testator died seized and thereupon to make payment of their respective portions of said estate
to each of the adult legatees of said testator
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to each of said minor legatees as they respectively become of age their respective
portions ^no injury could be done to said minor legatees, & much benefit would inure to said
[adults]^6 and whereas the said petitioners pray the passage of a law authorizing the aforesaid
Curtis Blakeman Jr. as executor of said estate to pursue such course in the administration thereof, representing
that said testator could he have ^for^ sure the present situation of his family would have so ordered by his will Therefore,
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This act to be in force and take effect from and after its passage.
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[ docketing
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[ docketing
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[01]/[06]/[1835]
[01]/[06]/[1835]
Engrossed
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[01]/[09]/[1835]
[01]/[09]/[1835]
Select Com.
Messrs Edwards
Craig
Mather
Messrs Edwards
Craig
Mather
1On December 27, 1834, Jesse B. Thomas Jr. presented in the House of Representatives the petition of the heirs and legatees of Curtis Blakeman, Sr., deceased, praying an act to authorize the sale of certain real estate and the distribution
of the proceeds. The House referred the petition to a select committee. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 167.
2Jesse B. Thomas, Jr. from the Committee on the Judiciary, to which the House of Representatives referred the petition of the heirs and legatees of Curtis Blakeman, Sr., deceased, introduced HB 73 in the House on January 5, 1835. On January 7, the House
amended the bill by adding after the word “portions” in the eighth section the words
“no injury could be done to said minor legatees, and much benefit would inure to said
adults.” The House passed the bill as amended. On January 9, the Senate referred the bill to a select committee. The select committee reported back the bill
on January 13 without amendment. On January 15, the Senate indefinitely postponed
further consideration. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 212, 236, 244-45, 302; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 206, 250, 260.
5Section 65 gives the right of anyone “who may have been injured by reason of the neglect
or improper conduct” of an executor or administrator to sue and either stop them from
issuing a bond on the will’s behalf or collect from bonds already issued.
“An Act Relative to Wills and Testaments, Executors and Administrators, and the Settlement
of Estates,” 23 January 1829, The Revised Code of Laws (1829), 214-15.
6On January 7, the House of Representatives added these words. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, Ill.: J. Y. Sawyer, 1835), 244.
Handwritten Document, 8 page(s), Folder 59, HB 73, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,