ART. 16.] CHANCERY. 79

that it would be for the benefit and advantage of such infant,
that a decree for a sale should be passed.

38. In all cases where it shall appear to the court by proof, as
provided in the preceding section, that it would be for the bene-
fit and advantage of an infant to raise money by mortgage to
improve his real property, or to pay any charges, liens or encum-
brances thereon, the court may, on application of the guardian
or next friend of such infant, decree the conveyance of any
interest, estate or term of years of such infant in any lands or
real estate by way of mortgage, in such form and on such con-
ditions as the court may direct; and the court may direct the
guardian pf such infant to execute such conveyance. The pro-
visions of this section are to apply to the interest or estate
which any infant may hold in common or jointly with any
person of full age, and to all interests or estates to which any
infant may be entitled, in reversion, remainder or otherwise, and
may decree that the interest of the tenant of the particular
estate, or the holder of the prior remainders may be mortgaged
\ with the consent of such tenant or holder.

39. Where an infant is entitled to any lands or tenements, or
chattels real, or is entitled to any particular estate for life or for
years, or otherwise, or to a remainder or reversion, or executory
devise, or if an infant be entitled to any trust or use in or out of
such lands, real estate or chattels real, or the rents, issues and
profits thereof, in all such cases the court, on petition of the
guardian or next friend, and on being satisfied by proof as in
cases where a guardian applies for the sale of an infant's real
estate, that it would be advantageous for said infant to demise
such lands, real estate or chattels real, may decree that the same
be demised for a term of years, renewable forever, or otherwise,
and yielding such rent, and on such terms and conditions as the
court may direct; Provided, that where the infant is only entitled
to a part of the estate, as tenant of the particular estate, or
remainder man, or otherwise, all the owners of the other parts,
so as to embrace the entire fee if a freehold estate, or the whole
term if leasehold, assent to the passing of such decree.

40. Any infant who may be presumptively or apparently for
the time being entitled to any contingent or other remainder, or
any executory devise, use or trust in any lands or chattels real,
may claim a decree for a demise under the preceding section.