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Sec.[Section] 1.th Be it enacted by the people of the State of Illinois, Represented in the General Assembly, That Mary Hitchcock widow and relict of Caleb Hitchcock late of Johnson county deceased be and she is hereby authorized to make and execute to Samuel Copeland, a deed of conveyance of the Claim of her deceased husband for the S[South] ½ of fractional Section 8 T[Township] 15 S.R.[Range] 3 E[East] and the E ½ of the N.[North]W.[West] qr[quarter] of Section 8. T. 15. S. R. 3. E., containing in 212 acres, according to the of an agreement made and entered into by and between the said Samuel Copeland, and Caleb Hitchcock deceased in his Life time, to wit, on the 4th December 1834, upon the said Copeland complying with and fully performing the said contract on his part.2
Sec. 2. Be it further enacted, that hereafter it shall be Lawful, and executors, Administrators[,] and Widows, said widowes being guardians to the minor heir or heirs if there should be such heirs, are hereby
authorized and empowered to convey by goods and sufficient deed, with general or special warranty, agreeably to contract, all
such real estate as may have been bargained and sold by their testator, intestate[,] or deceased husband, in his Life time, to the person or persons who may have purchased
the same, and holds or hold a title bond therefor, regularly signed and delivered,
for a valuable consideration, by said testato[r] intestate[,] or deceased husband.
Sec 3. Be it further enacted, that before an Executor or Executors[,] Administrators or Administrators[,] or a widowe shall be required to convey, as provided in the first section hereof the obliger or purchasers named in any title bond held as aforesaid shall produce to such Executor or executors,
Administrator or Administrators, or widow, satisfactory evidences, that the purchase
money, for said real Estate has been fully paid either to the obliger or grantor
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in his life time, or to his legal representative or [representatives?] since his death, and if it shall appear, that the [purchase?] money or any balance thereof remains due and unpaid, then the obliger or purchaser shall pay such purchase money or balance, with Legal interest from the
time when due, to said Executors or Executors, Administrator or Administrators[,] or widow, before they or either of them shall be required to convey as provided in
the said first section hereof.
Sec. 4th Be it further enacted, That whenever any executor or Executors, Administrator or
Administrators . . . Receive any purchase money, as contemplated in the Second section hereof, the same
shall be considered in Law, as assets in the hands of said Executor or Executors,
Administrator or Administrators; And whenever any widow shall receive any such purchase
money, the same shall be considered as received for the use and benefit of the said
minor ^heirs or heirs^ or to the use of her said husbands estate and she shall be held responsible on her guardians bond, for the correct and
proper application of said money according to Law, And the said Executors or executors, Administrator or Administraors, and widow, upon receip of any money as aforesaid shall make out and return to the Judge of the court of
Probate of the County wherein he[,] they, or she was or were quallified or appointed, a true and perfect account of the monies so received, which shall be
charged against him, them or her, in his, their or her fidiciary capacity: Provided, that is in case money is paid to a widow, either as widow or as widow and guardian
as aforesaid under this act, and it shall appear that the estate of her deceased husband
is insolvent, then the said widow shall pay over to the Administrator or Administrators
of her said deceased husband the money so received by her, which shall be applied
as other assets, in the hands of Administrators
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[ docketing
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[01]/[05]/[1836]
[01]/[05]/[1836]
Engrossed
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1John Oliver introduced HB 103 in the House of Representatives on December 31, 1835. The House referred the bill to the Committee on the Judiciary.
On January 5, 1836, the Committee on the Judiciary reported back the bill with an
amendment, in which the House concurred. The House passed the bill as amended on
January 9. The Senate took no action.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 158, 192, 228, 261; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 202, 264.
Handwritten Document, 4 page(s), Folder 97, HB 103, GA Session: 9-2,
Illinois State Archives (Springfield, IL),