Newhanover County NcArchives Court.....Swam - Deceased, Samuel 1787
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a February 26, 2009, 7:20 pm

Source: Colonial Records
Written: 1787

Acts of the North Carolina General Assembly, 1787
1787 
Volume 24, Pages 885 - 951

CHAPTER XXX.

An Act to Empower the Administrators of Samuel Swan, of New Hanover county, 
Esquire, Deceased, to Sell and Dispose of Part of the Real Estate of the Said 
Samuel for the Payment of his Debts, in Order to Make the Better Provision for 
his Family, and also to make Conveyances for such Part of the Real Estate as 
was Sold by the said Samuel in his Life Time.

Whereas Mildred Swan, widow and administratrix, and Frederick Jones and 
Archibald Maclaine, administrators of the goods and chattels, rights and 
credits which were of Samuel Swan, late of New Hanover county, Esq., deceased, 
have represented to this General Assembly that the said Samuel Swan died 
indebted in several considerable sums of money, and notwithstanding a large 
payment made by the administrators since his death and there is still due a 
sum at least equal to the value of the personal estate: And whereas the said 
administrators have further represented to the satisfaction of this General 
Assembly that it was the intention of the said Samuel Swan to sell and dispose 
of the greatest part of his real estate for the discharge of his debts in 
order to make the better provision for his family, and that he had in his life 
time disposed of some part thereof for which conveyances had not been made: In 
order therefore that the said administrators may be the better enabled to pay 
off the debts of the estate, and that there may be a productive estate 
reserved for his widow and children:

I. Be it Enacted by the General Assembly of the State of North Carolina, and 
it is hereby Enacted by the authority of the same, That it shall and may be 
lawful for the said administrators, the survivors or survivor of them, and 
they and every of them are hereby enabled and impowered if they shall find it 
expedient and necessary, to sell and dispose of all and singular the real 
estate which was of the said Samuel Swan, except the plantation and lands in 
New Hanover county on which the said Samuel usually resided commonly called 
the Oak, and to make conveyances for the same to the purchasers thereof, 
thereby conveying to each purchaser and their heirs respectively by virtue of 
the powers given by this Act all the right, title, interest, claim and demand 
whatsoever therein and thereto of which the said Samuel Swan died seized and 
possessed; and also in like manner to make conveyances for such parts of the 
real estate as had been sold or agreed to be sold by the said Samuel Swan in 
his life time, and the monies arising by such sales to be assets in the hands 
of the said administrators: Provided always, That before any sale shall be 
made of any part of the real estate of the said Samuel Swan as aforesaid, the 
said administrators shall give bond with security in double the estimated 
value of the lands intended to be sold by virtue of this Act, if the security 
already given for the administration should be adjudged by the court of New 
Hanover county to be insufficient to cover the real estate, for the true and 
faithful discharge of the trust reposed in them by this Act.


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