Papers Of Abraham Lincoln

In force Dec.[December] 6, 1837.

AN ACT for the benefit of the widow and heirs of Pleasant Sheapheard dec’d.[deceased]
1

Anna Sheapbeard authorized to sell lands of Pleasant Sheapheard, dec’d. for benefit of infant heirs.

or exchange their interest for other land.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Anna Sheapheard of Montgomery county, be and she is hereby authorized and empowered, as guardian for the infant heirs of Pleasant Sheapheard, deceased, to sell all the right title and interest of said heirs, in and to the west half of the south east quarter of section number fifteen, in township number nine north, of range number five west of the third principal meridian,2 in the district of lands sold at Edwardsville in this State, and which descended to the said infant heirs, or she may in her discretion exchange their interest therein for other lands.

To file bond with securities with Judge of Probate.

Condition thereof.

Proviso.
If she makes an exchange not necessary to give bond.
If she makes a sale or exchange not necessary to give bond.

Sec. 2. That the said Anna Sheapheard, upon filing bond with the Judge of Probate of Montgomery county, with one or more sufficient securities to be approved of by said judge to said infant heirs in such sum as the said judge of probate shall deem sufficient, conditioned to faithfully account for and apply the proceeds of the sale of said lands of said infant heirs, investing the same in the purchase of other real estate for their benefit, under the direction of said Judge of Probate of said county of Montgomery, and provided also, that if the said Anna Sheapheard shall exchange the said lands, as she is herein authorized to do, then it shall not be necessary for her to give bond as required in this section.

Title to be vested in the grantee.

Sec. 3. And that the said Anna Sheapheard, upon filing such bond as aforesaid, is hereby authorized and empowered to make, in case of the sale or exchange of the said lands for other lands, a good and sufficient warranty deed or deeds therefor, which shall vest the title thereto, in the purchaser or person with whom she may make such sale or exchange, as if executed by said heirs when of lawful age.

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In purchasing or exchanging, title to be taken in the name of the heirs.

Title vested in herls subject to dower.

Proviso.

Sec. 4. And the said Anna Sheapheard is further required in case of selling the said land and the purchasing of other lands, or the exchanging thereof for other lands, to take a title in the name of the infant heirs with the proper covenants of title and warranty in fee simple, for their use and benefit; and said lands so purchased shall be vested absolutely in said heirs, subject however to widow’s dower in the manner as the lands now owned by said heirs are, provided, the widow relinquishes her dower in the land authorized to be sold by this act.

This act to be in force from its passage.

[ certification ]
12/06/1836
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 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 has become a law.

Given under my hand this 6th day of December, 1836.
A. P. FIELD,
Secretary of State.

1On January 1, 1836, Christian B. Blockburger in the House of Representatives presented the petition of Anna Shepherd, requesting passage of an act to authorize her to sell certain lands. The House referred the petition to a select committee. In response to this petition, Blockburger of the select committee introduced HB 123 in the House on January 2. The House passed the bill on January 9. On January 15, the Senate refused to read the bill a second time. On January 16, the Senate re-considered that decision and passed the bill. The Senate and House having laid the bill before the Council of Revision, and ten days not having intervened before the adjournment of the second session of the Ninth General Assembly, and the Council not having returned the bill with objections on December 5, the first day of the first session of the Tenth General Assembly, the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 213, 229, 261, 350, 355; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 202, 258, 271, 275.

2Located in the west portion of Montgomery County, north of Litchfield.
“Counties, Townships, and Ranges in Illinois,” Maps, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference html files/LandMeasurement.html.