80 CHANCERY. [ART. 16.

41. Any person of full age apparently or presumptively for
the time being entitled to any contingent or other remainder,
reversion, or executory devise in the lands or chattels real men-
tioned in the two preceding sections, may assent to a demise or
a decree therefor on behalf of such estate to which he is so pre-
sumptively or apparently entitled.

42. Where the owner of the particular estate for life or years,
or for other estate, is of full age, the court may, on his applica-
tion, and with the consent of all the owners of the other parts
of the estate, decree a demise; or if the person whose consent is
required to authorize a decree for a demise be an infant, or being
of full age shall refuse to assent, the court may, if such person be
made a defendant, on considering the pleading and evidence in
the case, determine whether a decree should be made, and decree
accordingly.

43. The preceding sections to apply to cases where any or all
of the defendants are non-residents, and such non-resident defend-
ants may be proceeded against in the same manner as non-resi-
dent defendants in other cases; Provided, that non-resident infants,
against whom their guardian or next friend may file a petition or
bill for the sale, mortgage, demise or exchange of their lands or
property, shall be proceeded against as directed in cases where a
guardian applies for the sale of such infant's real estate.

44. Upon the application of the guardian or next friend of an
infant, the court may, if it appears for the benefit and advantage
of such infant, authorize and decree an exchange of real estate or
chattels real in which such infant has any estate, interest, trust
or property or benefit, for other real estate or chattels real, or
interest, trust or property therein; and the court in decreeing
such exchange, may not require equality or sameness in the
quantity or character of the estate or interests, and the court
may appoint trustees to execute the deeds necessary to carry
such exchange into effect.

45. Where the real estate of an infant is sold upon the applica- 1
tion of his guardian or prochein ami, the money arising from
such sale shall be invested as the court shall direct, in the name
of such infant, and the surplus interest, after deducting what may
be necessary for the maintenance and education of such infant,
shall also be invested as aforesaid, and such investments shall