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Archiver > NJ > 2002-11 > 1036169301


From: "David Tourison" <>
Subject: [NJ] Early Will Making in New Jersey - XXII
Date: Fri, 01 Nov 2002 09:48:21 -0700


SPECIAL REMEDIAL ACTS OF THE LEGISLATURE [beginning page lxv]

The foregoing instance shows that the Prerogative Court lacked many of
the powers and functions which have been vested in by wise legislation in
later years. The aid of the Court of Chancery was often invoked to assist
executors and administrators in the discharge of their duties, but not
infrequently it was found necessary to appeal to the Legislature for relief,
and we find sunch acts passed from time to time as these:
An Act to enable the Executors of Miles Forster, late of Perth Amboy in
the County of Middlesex, Merchant, deceased, to sell Lands to pay Debts and
Legacies, according to the Last Will and Testament of the said deceased.
Passed March 15, 1713-14.
An Act to enable Sarah Edwards, sole Executrix and late Widow of Robert
Edwards, deceased, by and with the Consent of William Cuttler, her present
Husband, to make a good and lawful Conveyance of a Tract of Land sold by the
said Robert Edwards in his Life-Time to one Tunis Titus by Articles of
Agreement, and to receive the Remainder of the Money due for the said Lands
according to the Last Will and Testa-

2 Ibid., XIII., 548.

[page lxvi] ment of the said Robert Edwards, deceased. Passed March 15,
1713-14.
An Act to enable Thomas Lambert, one of the principal Creditors of John
Easton, late of Nottingham in the County of Burlington, deceased, and
Administrator of the Goods, Rights, and Credits of the Estate or Estates of
Inheritance within the County of Burlington and the County of Salem in the
Province of Nova Caesarea, to sell Lands for and towards the Payment of his
just Debts. Passed March 17, 1713-14.
An Act to enable certain Trustees to sell and dispose of a small Estate
of Inheritance in the County of Burlington. Passed March 17, 1713-14.
An Act for vesting the Lands, late the Estate and Inheritance of
William Hall, Esq., late of Salem in the County of Salem, in Trustees, to be
sold and disposed of for the Payment of Debts, &c. Passed January 26,
1716-1717. 4
An Act to enable John Pittinger and Sycha Pittinger to sell and dispose
of the Real Estate of Richard Pittinger, deceased, for the Payment of Debts,
&c. Passed January 26, 1716-1717. 5
An Act to enforce the due Administration of the Estate of Capt. John
Bown, deceased, late of the County of Monmouth and Province of New-Jersey.
Passed March 27, 1719. 6
An Act for vesting the Lands late the Estate and Inheritance of Robert
Burnet, Esq., late of the County of Monmouth in the Province of New-Jersey,
in Trustees, to be sold and disposed of for the Payment of Debts. Passed
March 28, 1719. 7
As no more acts of this description were passed until after the
Revolution it is possible that relief was had in such cases through the
intervention of the Court of Chancery.8 Governor

1 N. J. Archives, XIII., 548
2 Ib., 552
3 Ib., 552
4 Ib., XIV., 69
5 Ib., 69
6 Ib., 111
7 Ib., 114
8 An Act forvesting certain Lands and Testaments in the Province of New
Jersey late of the Estate of John Drummond Earl of Milford in Trustees for
the Payment of a Debt to Alexander Porterfield Esqr of that Part of Great
Britain called Scotland, passed the Assembly, in 1730, but failed in the
Councill, on the technical plea that the notice of intended application for
the act had not been duly advertised. N. J. Archives, XIV., 427-9, 435-6.
It is not unlikely that the Governor had private instructions to discourage
the passage of such bills.

[page lxvii] William Burnet, who arrived in 1719, is said to have been
partial to that Court, and loved to magnify his office as Chancellor.


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