Papers Of Abraham Lincoln

In force Dec[December]. 8, 1836.

AN ACT for the benefit of the infant heirs of Robert B. Murphy, late of Perry County, deceased.
1

Guardian authorized to sell lands.

Sec[Section]. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That whenever a guardian shall be appointed by the Probate court of the county of Perry, for the infant heirs of Robert B. Murphy, late of said county, deceased, to wit: Mary, Sarah, Samuel B. and Ellen Murphy, and shall have filed with the said court, a bond with good and sufficient securities, to be approved of by said court, in such sum as may be deemed sufficient by said court, conditioned for the faithful discharge of the duties enjoined by this act; and that as guardian of the said infant heirs, he will well and truly vest the proceeds of

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the sale of the lands of which the said Robert B. Murphy died seized and possessed and occupied by him as a plantation, with the lands attached thereto, lying and being in Perry county, in other real estate unimproved, in some land district in this state, making the best selection for said heirs; said guardian shall be, and he is hereby empowered to sell and convey by sufficient deed or deeds, all the lands of the said Robert B. Murphy deceased, and which have descended to the said infants as his heirs at law, known as his plantation, and the lands attached thereto, for the use of the same in Perry county aforesaid, at private sale, upon such terms as to the said guardian may seem most advantageous for the said heirs.

Proceeds to be invested in other lands.

Sec. 2. So soon as the money is realized from said sales, it shall be the duty of the said guardian, to vest the proceeds thereof in other unimproved lands, at the price demanded for the same by the United States, in some one or more land districts of this state, having due regard to the quality of said land, advantages of situation, and probable prospective value thereof; which said land shall be purchased by said guardian for said heirs, in their names, and as tenants in common.

Surplus of personal estate how applied.

Sec. 3. Should the said guardian have funds in his hands, arising from the sale of the personal estate of the said Robert B. Murphy deceased, more than sufficient to educate and maintain the said infants, it shall be his duty to vest such overplus in unimproved lands at government price, in the manner provided in the second section of this act.

This act to take effect, and be in force from and after its passage.2

[ certification ]
12/08/1835
Field, Alexander P.

This bill having been laid before the Council of Revision, and ten days not having intervened before the adjournment of the General Assembly, and the said bill not having been returned with the objections of the Council, on the first day of the present session of the General Assembly, the same bill has become a law.

Given under my hand this 8th day of December, 1835.
A. P. FIELD,
Secretary of State.

1Richard G. Murphy introduced HB 176 in the House of Representatives on January 28, 1835. The House referred it to a three-person select committee that included Abraham Lincoln. The select committee reported back the bill on January 31 with an amendment, in which the House concurred. The House passed the bill as amended on February 5. On February 7, the Senate referred the bill to a select committee. The select committee reported back the bill on February 9 without amendment, and the Senate passed it. The Senate and House having laid the bill before the Council of Revision, and ten days not having intervened before the adjournment of the 1st session, and the Council having no objections, the act became law on December 8, the first day of the 2nd session.
Illinois House Journal. 1835. 9th G. A., 1st sess., 402, 420, 456, 507, 539; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 443, 463, 465-466, 503; llinois House Journal. 1835. 9th G. A., 2nd sess., 391.

2William C. Murphy became the heirs’s guardian.
An Act to Authorize William C. Murphey, Guardian of the Infant Heirs of Robert B. Murphey, Deceased, to Convey Certain Lands