New Jersey § acts:saved-54 - (28)

§ acts:saved-54. (28)

5. That 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, have been or shall be sold under

the act to which this is a supplement, 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

comptroller, 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 printed and circulating in the city 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 third section of this supplement; 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.