tatives of the State of Alabama, in General Assembly convened, That Abram D. Hunt, administrator of all and singular, the goods

and chattels, rights and credits, which were of Ellen Jackson de- Adm. may make ceased, be, and he is hereby authorized, in pursuance of the distribution of Olographic will of the late Alexander Jackson, (father of the said effects. Ellen) to make distribution of the monies and effects of the said

Ellen, to the heirs at law of the said Alexander Jackson.

Sec. 2. And be it further enacted, That the receipts of the said

heirs at law of the said Alexander Jackson, shall be held and Receipts of heirs considered as vouchers on the final or partial settlement or set- good vouchers. tlements of the said Hunt, administrator as aforesaid, of the said

Ellen Jackson, deceased.

Approved, January 15, 1848.

To confer certain powers on Adminstrators of the Estate of Jesse Beene.

Powers of adm.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That, in case any administrator `or administrators de bonis non with the will annexed, shall be de bonis no u. hereafter appointed by any court of competent jurisdiction in the state, upon the estate of Jesse Beene, late of Dallas county, deceased, and shall quality as such administrator or administrators, such administrator or administrators so appointed and qualified, shall be, and he, she or they, as the case may be, are hereby invested with the same powers, rights, and authority in and over the estate, both real and personal of said decedant, in ail respects as the executors nominated in the last will and testament of the said Jesse Beene had, or might be entitled to have, by and under the said last will, and such administrator or administrators shall have the same capacity to contract, and the same. power and authority to sell and convey or mortgage said estate, real or personal, or any part thereof, as said execu tors by said will were authorized or empowered to have or exercise, and shall have and exercise in all respects, the same powers and discretion which by said will are given or allowed to said executors.

Sec. 2. And be it further enacted, That, in case there shall be, at the time of the resignation of said present ex

due from the esr

ecutors, any outstanding claims or debts on which said Of debts bona fide/ executors, or either of them, are individually liable, wheth- tate of decedent. er debts or claims originally contracted, or liabilities incurred by said deccdant in his life time and extended or

mny sue,

renewed by said executors or either of them, since the death of said decedant, by them or either of them entered into, contracted or assumed bona fide, and within the scope of their authority, for or on account of, or for the benefit of said estate, it shall and may be lawful for said administrator or administrators, to adjust, settle and discharge the same, out of the funds or property of said estate, in the Holders of claims same manner, and to the same extent as such administrator or administrators could or might settle, adjust, or pay the same, if contracted or incurred by said decedant in his life time; and the holder or holders of any such claim, contract or assumption, shall and may sue at law such administrator or administrators, thereon; and on proof that the same was bona fide contracted, incurred. or assumed for said estate and on the faith thereof, and for the benefit thereof by said executors or either of them, and within the scope of their authority, it shall and may be lawful for such holder or holders to recover against such administrator or administrators. the full amount to which he or they would be or are entitled; to be levied of the goods and chatties of said decedent ; and execution may issue therefor as in other cases of judgments against administrators. And in case said executors or either of them, shall pay, settle or dis. charge any of such contracts, assumptions or liabilities, they shall be entitled to the same remedy as is herein given to such holder or holders; and said ex cutor or executors, on due proof as above specified, shall have judgment and execution in the same manner and to the same extent, as the holder or holters of such claim or claims, might, under this act, be entitled to have.

Adm. de bonis non may become

party deft to all suits now pending against ex'rs.

Sec 3. And be it further enacted, That it shall and may be lawful for the said administrator or administrators, after being duly appointed and qualified, to make him or themselves, party defendant to all actions of trespass to try titles, and actions of ejectment, which are now pending in the Cireul court of Dallas county, against Samuel M. Hill and W. W. Fambro, the present, executors, to recover certaip lands and the mesne profits, which lands were possessed by said decedant at the time of his death, and claimed by said executors as part of his estate; and said suits shall and may be carried on against said administrator or administrators, in the same manner, and to the same extent as they might, or could have been, against the said Hill and Fambro. And said administrator or administrators, shall be liable in the same manner, and to the same extent, as said. Hill and Fambro would be, if the suit had been continned against them; and all evidence which would be legal and pertinent against said Fambro and Hill if ther

continued to be such defendants, shall be received and admitted against said administrator or administrators; and if judgment be recovered, said recovery shall be to the same extent, and to the same amount as if recovered against said Fambro and Hill: Provided, nevertheless, that, if the plaintiff or plaintiffs in such suit. or suits, object thereto, said administrator or admininistrators, shall not become party to the same.

Sec. 4. And be it further enacted, That, in every and

in all cases, where other administrator or administrators de Provisions of this bonis non with the will annexed, shall be appointed and act extended. qualified to take charge of said estate, in place of adminis

trator or administrators previously appointed and qualified, the provisions of this act, shall, in every respect, apply and

extend to them also..

Sec. 5. And be it further enacted, That nothing contained in this act, shall be so construed as to give relief or Reservation. discharge to executor or executors, administrator or administrators, from any liability or liabilities to creditors and legatees of said estate, now, or hereafter to be incurred. Approved, February 19, 1848.

a

For the relief of the representatives of Jonathan Hunt, deceased.

conferred on A.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Adon Smith, the half brother of Jonathan Hunt, deceased, and administrator with his will annexed, and who is also the guardian of Sidney Smith, a lunatic, the half Certain powers brother of said Hunt, and of John H. Adams, the only sur- Smith, adm. with viving child of Charlotte Smith Adams, a half sister of said will annexed. Hunt, the said parties being his heirs at law, be, and he is hereby, authorized to enter upon the lands, and interests of lands, of which the said Hunt died seized or possessed in this State. and to make leases and contracts for rents, either at public outery, or by private contract; and to enforce all contracts and covenants for lease or sale made by said Hunt in his life time, and to execute those titles that said Hunt was bound to deliver.

settle contested titles:

Sec. 2. And be it further enacted, That the said Adon Smith be, and he is hereby, authorized, for the purpose of May compound & effecting a partition of the interests of the representatives of said Hunt, and other parties, in lands in this State; of -compounding and settling contested titles, and with adverse

Shall give bond in New York.

Copies shall be filed in this State,

Effect of sales of lands of Sidney

Smith.

claimants; to pay the debts of the decedant; or, where the interest of his wards will be promoted by a change of their estate from real to personalty, to sell the lands, and interests of lands, of which said Hunt died seized or possessed, for cash, or on such credits as he may think suitable for the interests of the estate.

Sec. 3. Be it further enacted, That the said Adon Smith be, and he is hereby, authorized to give bonds to the Surrogate of the city of New York, for the faithful execution of all the trusts imposed and authorized oy this act, in such a sum as he may appoint, and with sufficient security to be approved of by him, a certified copy of which shall be filed in the office of the clerk of the County Court of such of the counties in this State as the lands of the said Hunt may be situate.

Sec. 4. Be it further enacted, That the safes of the lands of the said Sidney Smith shall, so far as regards the laws of distribution or descent, make no change in the rights of parties, and that the proceeds of the same shall be held as realty; and in case of the death of the said Sidney Smith as a lunatic, or without his having made a valid disposition of the same, shall be divided among his heirs, as the said lands would have been divided.

Approved, Feb. 25, 1848.

Adm. may let real property and

hire slaves.

Proviso.

May assign dow

er to widow.

For the relief of the legal representatives of Henry Goldthwaite, deceased.

Section 1. Be it enucted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John A Campbell, the administrator of the said estate, be, and he is hereby, authorized, during the continuance of his administration of the said estate, to make contracts for the letting of the real property and the hire of the slaves, of which his intestate was seized or possessed, for such a length of time as he may deem most advisable for the interests of the estate: Provided, that all contracts that extend for a longer period than one year, shall have the sanction of Eliza Goldthwaite, widow of the said Henry Goldthwaite, and guardian of his children.

Sec. 2. And be it further enacted, That it shall be competent for the said John A. Campbell to assign to the widow of his intestate, dower in the real estate of which he died

seized, by executing to her an assignment of an undivided
interest corresponding to her legal share: Provided, that Proviso.
nothing in this act contained shall preclude the said Eliza
Goldthwaite from claiming an assignment of her dower by
metes and bounds, or the heirs from setting apart her dower,
in the same manner, when they shall think the same to be
to their advantage.

tate and slaves.

Sec. 3. And be it further enacted, That the said John A. Campbell, and the said Eliza Goldthwaite, shall be authorized to sell, either at public or private sale, such May sell real es portions of the real estate, or the slaves, of which the and invest prosaid Henry Goldthwaite died seized or possessed, as they ceeds. may consider the interest of the heirs and persons interested in the estate may require to be sold, and to invest the proceeds in the public stocks of the United States, or in the stock of the Bank of Mobile, or in the stock of the Merchants' Insurance Company at Mobile, or upon bond and mortgage.

1

Sec. 4. And be it further enacted, That it shall be com- Guardian of heirs petent for the guardian of the children of the said Henry may invest pros Goldthwaite, during her guardianship, to invest the pro- ceeds of estate. ceeds of the estate in the same property for the benefit of the children of the said Henry Goldthwaite.

Sec. 5. And be it further enacted, That the said Eliza Goldthwaite, during the continuance of her guardianship, shall be authorized to make contracts for the letting of the estate of her wards, and for the hire of their slaves, either at public auction, or on private negotiations, as she may think proper.

Approved, March 4, 1848.

Other powers of

In relation to the trust estate of Sephina West, of the county of Pickens.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Register of the Chancery Duty of register Court, holden for the third Chancery District of said State, of Sumter c'ty in transfering papers at the town of Livingston, in the county of Sumter, in said to Pickens c'ty. State, be, and he is, hereby, 'authorized, empowered and required, to transfer, or cause to be transferred, the original papers, now of file in his office, in the case of Mrs. Sephina West, wife of Benjamin S. West, of Pickens county, in said State, touching her trust estate, from the