In force Dec.[December] 8, 1835.
AN ACT for the benefit of the heirs of Samuel Thurston, deceased.
1Guardian authorised to sell estate
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the guardian of the heirs at law of Samuel Thurston, on filing with the judge of probate of the county of Madison, a bond with good and sufficient security, 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 the guardian of said heirs
at law, will well and truly pay over to the said heirs, all monies arising from the
sale of lands herein authorised; and shall do and perform all other duties devolving upon him by virtue of this act,
shall be, and is hereby empowered to sell and convey, by sufficient deed or deeds,
the west half of the north-east and south-east quarters of section nineteen, in township
six north, of the base line, range ten west, of the third principal meridian; also
the north-west quarter of section thirty-two, and a part of the south-west fraction
of section thirty-two, in township six, north of the base line, range ten west, of
the third principal meridian, situated in the county of Madison, an undivided half of which the said Samuel Thurston died seized and possessed of, either at private sale, under the direction and sanction
of said judge, or at public sale, on giving due notice according to law, and upon
such terms as to credit or not credit, as the said guardian, by the direction or sanction
of the said judge, may deem proper, and most beneficial to the said heirs at law.2
Proceeds, how applied
Sec. 2. The money arising from the said sales, shall be chargeable in account with said heirs,
to the said guardian, and shall be laid out by said guardian to the best advantage
of the said heirs; Provided, That if in the course of administration it shall appear that the personal estate
of the said Thurston, shall not be sufficient to pay the debts, the said money so arising from such sale,
shall be subject, by order
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of said judge of probate, to payment of such deficiency: And Provided, further, That the said guardian may, if he deems it more advantageous to said heirs to do
so, invest the money arising from the sale herein authorized, or any balance thereof,
that may remain after paying any of the debts of said Thurston, as herein authorised, in other real estate, or town lots, to and for the use of said heirs.3This act to be in force, and take effect, from and after its passage.
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12/08/1835
Secretary of State.
12/08/1835
This bill having been laid before the Council of Revision, and ten days 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 said bill has become a law.
Given under my hand, this 8th day of December, 1835.
A. P. FIELD,Secretary of State.
1On January 29, 1835, Cyrus Edwards introduced in the Senate the petition of Daniel Tolman and his wife Dorcas Tolman, administratrix of the estate
of Samuel Thurston. The Senate referred the petition to the Committee on Petitions. Thomas Mather from the Committee on Petitions introduced SB 115 in the Senate on January 31, 1835. The Senate passed it on February 2. On February
3, the House of Representatives referred the bill to a select committee. The select committee reported back the
bill on February 5 with an amendment, in which House concurred. The House passed
the bill as amended. The Senate concurred with the House amendment on February 7.
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., 473, 503, 512, 518; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 362, 384, 400, 443, 464, 474, 483; Illinois House Journal. 1835. 9th G. A., 2nd sess., 374, 382-83.
3On February 5, 1835, the House of Representatives amended the bill by adding the second proviso. Illinois House Journal. 1835. 9th G. A., 2nd sess., 374, 382-83.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL: J. Y. Sawyer, 1836), 245-46, GA Session: 9-1,