New Jersey § acts:saved-54 - (11)

§ acts:saved-54. (11)

11. Where any lands which have been devised to any person for life, and to the child

or children of such devisee after his or her death, shall be sold under this act,

and the purchaser at such sale shall be unable, after due inquiry, to ascertain the

name or names of such child or children, or whether such devisee had or left issue

or not, the purchaser, or his legal representatives or assigns, shall make application

to the circuit court of the county wherein such lands are situate, by petition, duly

verified, for a deed; such petition shall contain a description of the land, both

by lot and block numbers, and by metes and bounds, and shall also state the manner

in which inquiry has been made for such child or children; and the said court, upon

being satisfied of the truth of the statements contained in such petition, shall make

an order directing the child or children, or heir or heirs, of such devisee (naming

him) and the heir or heirs of the testator (naming him) to show cause before said

court, at a day therein to be specified, not less than six months from the date of

said order, why a deed should not be made and delivered for the said lands to such

purchaser, his legal representatives or assigns; and in case such heirs or children

or any of them, shall not appear and show cause, or shall not redeem the said lands

within the time limited in the said order, then the court shall, on the return day

thereof, or afterwards, make an order directing the town collector or other collecting

officer, to make and deliver a deed of conveyance of said lands to the purchaser,

or to his legal representatives or assigns, which shall convey the same free of all

claim or lien against or estate therein of such heirs or children; provided, however,

that such purchaser, his legal representatives or assigns, shall, within ten days

after the making of such order, cause to be published in one of the newspapers published

in the county in which such town is situated and circulating in the town in which

said lands are situate, a notice directed “to the children and heirs” of such devisee

and testator (naming them), describing the lands as in such petition, and requiring

them to redeem the same, or show cause why a deed therefor should not be made and

delivered to such purchaser, his legal representatives or assigns, within the time

specified in said order, which notice shall be published for the time, and the publication

thereof proved in the manner directed in the ninth section of this act; and in case

any such children or heirs shall appear and answer the said petition, the said court

may hear the same in a summary way, and make such order thereon as shall seem to be

just.