1
Whereas it is represented to this General Assembly, that Simeon Evans late of the County of Fayette in this state, died seized of the following described piece or tract of land lying in said County towit: “The South East quarter of the South East quarter section [?] Township Six North, Range One West, containing forty acres.”2 [Said?] That said deceased left a widow and four infant children, destitute of the means of maintainance and education. [And?] that the [expense?] of obtaining an order of court, under the existing laws, to [sell?] said tract of land would nearly consume the [avails?] of the sale.3 Therefore, to enable Mary Evans, the said widow to raise [money for the?] maintainance and education of her infant children, [?] with little cost.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Mary Evans widow of Simeon Evans deceased be and she is hereby authorized, [and?] empowered to sell, transfer[,] and convey, by good and sufficient deed, [all the rights?] title, interest[,] and claim ^which was^ of the said Simeon Evans ^[?]^ [?] of his heirs of in and into the South East quarter of the South East quarter Section,
number Seven Township Six North Range [?] West containing forty acres, said lying and being in said County of Fayette.
<Page 2>
[?] of Vandalia. And the said Mary Evans, widow [?] three weeks notice of sale, by publishing [?] for the said term of three weeks in [?] news paper printed in the said [?] said notice that said Mary Evans [?] shall specify the time and place of said, and, [?] the said tract of land.
Be it further enacted, that if the said Mary Evans widow [?] to the interest of the said infant [?] all said land, upon a credit of six or [?] do so and insert the terms of [sale?] [?] given by her as prescribed in the second [?] of the act. Provided that if said tract of land should be [?] a credit the said Mary Evans widow, shall [?] and security for the purchase money.
Section 4. Be it further enacted, that as a condition [precedent?] [?] by this act the said Mary Evans the People of the state of Illinois [?] of the said infant heirs of Simeon Evans [?] penalty double the supposed value of said tract [?] good and sufficient security to be approved [?] of [the court of Probate of said?] County of Fayette [?] the ^condition^ of [of said bond shall?]
<Page 3>
by that the said Mary Evans widow, whenever [she may receive purchase?] money for the said tract of land, shall apply the [?] education and maintainance for the said infant heirs; and [if any?] [?] should remain, that she will pay over the same, [?] [distribute?] [?] [to said heirs, as they respectively?] come of age4<Page 4>
[ docketing
]
A Bill for An act for the relief of the infant heirs of Simeon Evans deceased.
[ docketing
]
[?]
[ docketing
]
[01]/[06]/[1836]
[01]/[06]/[1836]
Engrossed
1On December 31, 1835, Robert Blackwell in the House of Representatives presented a petition from Mary Evans, widow of Simeon Evans. The House referred the petition to the Committee on the Judiciary. Charles Dunn of the committee introduced HB 134 in the House on January 4, 1836. On January 5,
the House referred the bill to a select committee. The select committee reported
back the bill on January 6 without amendment, recommending its passage. The House
passed the bill on January 9. The House informed the Senate of the bill’s passage, but the Senate took no action.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 184, 217, 232-33, 243, 262;
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 202.
2On June 15, 1833, Evans had purchased this land in western Fayette County for $50.
Illinois Public Domain Land Tract Sales, Fayette County, 145:35, Illinois State Archives, Springfield, Illinois.
3Probate fees could be expensive for some families, as every task from the issuing
of administration letters ($1.50) to taking bond of executor or administrator ($.75)
to making out orders for publication ($.25) required a separate fee. The more paperwork
and tasks necessary, the higher the costs.
“An Act regulating the Salaries, Fees, and Compensation of the Several Officers and
Persons Therein Mentioned,” Approved 19 February 1827, The Revised Code of Laws of Illinois (1827), 205.
4Although this bill failed, two years later the legislature passed an act on behalf of Mary Evans, granting her the right to sell the land.
Handwritten Document, 4 page(s), Folder 123, HB 134, GA Session: 9-2, Illinois State Archives (Springfield, IL),