tute in such case made and provided, which also appears by the affidavit marked schedule C, hereto also annexed. That at the time and place of sale mentioned in the said notice, I caused the premises therein mentioned to be exposed to sale, at public auction, under the terms hereunto also annexed, marked schedule D. That all the proceedings of said sale were fairly conducted, and calculated to obtain the best price for said premises. That the said premises were struck off to of the town of in the said county, for the sum of $ he being the highest bidder, who has paid into the hands of the subscriber the sum of , and has secured the payment of the residue of his purchase money, and is ready and willing to receive a deed, as soon as this court shall confirm said sale, and authorize the subscriber to execute the same.

one

$

day of

On filing the report of sale in this matter, setting forth the decree of sale made therein, on the last past, and the papers thereto annexed, by all which it appears that C. D., executor of the estate of said deceased, did, on the day of last past, (after giving due and legal notice thereof, and conforming in all respects to the statute in such case made and provided), sell at public auction, all, &c., and being the real estate directed by said decree to be sold that L. M. was the highest bidder therefor, and became the purchaser thereof, at the sum of dollars, upon the terms set forth in said report of sale. And it further appearing, from an examination of said proceedings,* that the said sale has been legally made, and all the proceed

ings legally conducted, and that the sum bid was not disproportionate to the value of the property so sold-it is ordered, on motion of Mr. in behalf of said executor, that

the said sale be, and the same is hereby confirmed: and it is further ordered, that a conveyance for the said premises be made, and executed in due form of law, to the said L. M., upon his complying with the said terms of sale upon his part to be performed. And it is further ordered, that the monies arising from said sale, and the securities taken thereon, (if any), be paid and brought into the office of the Surrogate aforesaid, without delay, to be distributed according to law. In testimony, &c.

(Take in previous order till *), that the proceedings were unfair, (or that the sum bid is disproportionate to the value of said premises, and that a sum exceeding such bid, at least ten per cent. exclusive of the expenses of a new sale, may be obtained for said premises)—it is therefore ordered and directed, that the said sale be and the same is hereby vacated.— And it is further ordered, that another sale be had, of which due notice shall be given, and the said sale shall be conducted in all respects as directed by law.

sworn, deposeth and saith, that he has been informed and verily believes, that the premises lately sold by

under a decree of the Surrogate of the county of

was sold at a price disproportionate to its value, (or circumstances of fraud, or unfairness, whatever they may be), and that he, this deponent, is ready and willing, (or that L. P., who has been examined on this subject, is ready and proposes) to give the sum of dollars for said premi

ses, which is at least ten per cent. advance upon said sale― and further saith not.

Sworn, &c.

Signed.

-000

Deed of Sale.

day of

THIS INDENTURE made the

year of our Lord one thousand eight hundred and

BETWEEN,

of the first part, and

in the

of the second part: whereas, at a Surrogate court

held for the county of

year

before T. A. B., Surrogate of said county, it

was ordered and directed as follows:

(Take in decree of sale, which is already in appendix.)

And whereas, also, at a Surrogate court held as aforesaid, on the , in the year aforesaid it was

day of

further ordered as follows, to wit:

(Take in order to confirm sale.)

Now, therefore, this indenture witnesseth, that the said party of the first part, for and in consideration of the premises, and of the sum of dollars to him in hand paid, hath granted, bargained, sold, transferred and assigned, and by these presents doth grant, bargain, sell, transfer and

assign unto the said

of the second part, all (including the premises decreed to be sold), together with all and singular the hereditaments and appurtenances thereunto belonging, or in any way appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever, which of right appertained to, or were vested in deceased, at the time of his death, free and discharged of all claim for dower widow of said

of

deceased.

To have and to hold to the said

the second part,

of

heirs and assigns forever, to the sole

and only proper use, benefit and behoof of the the said part

of the second part,

In witness, &c.

Sealed and delivered.

heirs and assigns forever.

Seals.

·000

Consent of Widow to accept a sum of money in lieu of

I, M. B., widow of the said A. B., being entitled to dower in certain lands and real estate mentioned and set forth in the decree of sale in this matter, made the

day of

last past, (or instant), and to which, of record in the office of the Surrogate of the county of for greater certainty reference is hereby made, do hereby, in conformity with the statute in such case made and provided, consent and agree to accept such sum, in gross, in lieu of said dower, as shall be deemed by the said Surrogate, upon the principles of law applicable to annuities, a reasonable satisfaction for such dower.

M. B., widow of the said A. B., deceased, and entitled to dower in the real estate of the said deceased, having refused to accept a sum in gross in lieu of said dower, it is therefore, in pursuance of the statute in such case made and provided, ordered and directed, that the sum of

dollars, (one third of the amount of sales), be invested by the said Surrogate, in some permanent security, on annual interAnd it is further ordered, that the said interest be paid to the said M. B., from time to time, as the same shall be paid into court.

est.

In testimony, &c.

-000·

Notice upon which the preceding Order is founded.

To M. B., widow of A. B., deceased.

Madam,

Please to take notice, that upon a sale recently made, by virtue of an order of the Surrogate of the county of dollars was raised, and such

the sum of proceedings were thereupon had before the said Surrogate, that your claim of dower in the lands of your late husband, sold as aforesaid, has been barred-and unless you agree to accept of a sum in gross in lieu of dower, according to law,