In force 21st July, 1837.
AN ACT for the benefit of the infant heirs of Wm. B. Collins, deceased.
1Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Elizabeth W. Collins, guardian of Adeline Collins, Maria C. Collins, William H. Collins, and Elizabeth A. Collins, infant heirs of William B. Collins, deceased, on filing with the judge of probate of Madison county, a bond with good and sufficient securities, to be approved by said judge, conditioned
for the true and faithful discharge of the duties enjoined by this act; and that as
guardian of said infant heirs, she will well and truly pay over to the judge of probate
of said county, all the proceeds arising from the sale of lands herein authorized, shall be and
is hereby empowered to sell and convey, by good and sufficient deed or deeds, the
following described lands, to wit: Two acres of land with an ox-mill thereon, bounded
as follows: beginning at the northeast corner of Elizabeth Collins’ land, on the highway, and running with said highway east sixteen rods;2 thence south twenty rods, at right angles to the first line; thence west sixteen
rods, parallel with said sixteen rods on said highway; thence north parallel with
said east line twenty rods, to the place of beginning. Also, fifty acres in Collinsville, including the mansion house, lying north of the aforesaid highway, running through
the village of Collinsville; and to include fifty acres, running back to the land of Horace Look, either at private or public sale, on giving due notice according to law; and upon
such terms and credits as she may deem most conducive to the interest of her said
wards.
Sec. 2. That so soon as the said Elizabeth W. Collins shall have made sale of the real estate, described in the first section of this act,
under the provisions therein contained, and after having paid over to the judge of
probate of said county, the full amount of the proceeds of such sale, she shall report her proceedings in
the premises to
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said judge of probate; and it shall be the duty of said judge, after the reception
of said report, and the receiving of all the moneys derived from said sale, if he
shall be satisfied that such sale was made without frauds or collision, to set off
to said Elizabeth, and pay over to her in notes or money, so much as in his discretion is the true
notice of her claim of dower, (if any she have) in said estate, and take her receipt
therefor; and it shall further be the duty of said judge, together with the said Elizabeth, to vest the proceeds of said sale, either in real estate, or loan the same on unincumbered real estate, at not exceeding one half its appraised value, as in their opinion will
best advance the interest of said infant heirs.3[ certification
]
07/11/1837
Secretary of State.
07/11/1837
(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 special session of the General Assembly, the same has become a law.
Given under my hand, this 11th day of July, A.D. 1837.
A. P. FIELD,Secretary of State.
1Robert Smith introduced HB 262 in the House of Representatives on February 13, 1837. The House referred the bill to a select committee. The select
committee reported back the bill on February 15 with amendments, in which the House
concurred. The House passed the bill as amended on February 21. The Senate concurred on February 28. The House and Senate having laid the bill before the
Council of Revision, and ten days not having intervened before the adjournment of the first session,
and the Council not having returned the bill with objections, the act became law
on July 10, the first day of the special session.
Illinois House Journal. 1836. 10th G. A., 1st sess., 576, 594, 662, 772, 792; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 483, 537, 558, 589.
2A rod was equivalent to 16.5 feet.
“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.
3On February 15, 1837, the House of Representatives amended the bill by altering the second section.
Illinois House Journal. 1836. 10th G. A., 1st sess., 594.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly, at their Special Session (Vandalia, IL: William Walters, 1837), 57-58, GA Session: 10-S,