NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
being idiot, lunatic, or non compos mentis, and his appearance
by
trustee, trustees or committee, to be appointed as aforesaid, and
hearing as aforesaid, and the justice of the claim of such creditor
is fully established, if, upon consideration of all circumstances, it
shall appear to the chancellor to be just and proper that such debts
should be paid by a sale of such real estate, to order the whole or
part of the real estate, so descending or devised, to be sold for the
payment of the debts due by the deceased. (b)
By 1799, ch. 79, section 4, in bills filed
against infants out of the state, there
shall be the same proceedings as if the infants were
of age, subject to revision in
the manner therein prescribed.
By 1785, ch. 78, on a person's dying seized of lands,
&c. in this state, liable to
be escheated, such lands, &c. may be decreed to be sold for the payment
of his
debts, if he has not left personal property sufficient.
By 1794, ch. 60, real estates, devised or descending
to nonresidents, may be
decreed to be sold for the payment of debts. Likewise the real estates,
or equitable
interest therein, of persons dying without any known heirs or devisees;
and
provision is thereby made for obtaining the legal title. By 1797,
ch. 114, on a
bill being filed against the heirs of a person deceased, and the person
appearing
who would have been heir if the act of 1786 to direct descents had not
passed, the
chancellor may order notice to be given, (by publication,) to the other
heirs, and
may thereupon proceed in the suit, reserving to such heir the liberty of
appearing,
&c. within a limited time.
By 1795, ch. 88, s. 2, the chancellor may decree the
sale of any equitable title
or claim to land in any case in which he might decree the sale of a legal
title;
and by section 3 he may decree the equitable interest or title in land
devised or
descending to infants, for the payment of the debts of the ancestor, &c.
See 1816,
ch. 154, and 1818, ch. 193, s. 7.
By 1818, ch. 193, s. 2, the provisions of the above
section, in relation to the
sales of real estate, is extended to defendants of full age.
By 1818, ch. 193, s. 8, a sale of the real estate may
be declared in the discretion
of the court in order to save the personal estate, with the consent of
all parties,
&c.
(b) See section 9 of this act as to selling on
credit. |
May direct the affairs
of persons lunatic,
&c. |
6. AND BE IT ENACTED, That the chancellor
shall have full
power and authority in all cases to superintend, direct and govern,
the affairs and concerns of persons who are or may be lunatics or
idiots, both as to the care of their persons and management of their
estates, and may appoint a committee, trustee or trustees for such
persons, and may make such orders and decrees respecting their
persons and estates as to him may seem proper, and may, upon
application of any creditor or creditors of any person who is
idiot, lunatic, or non compos mentis, and being satisfied of the
justice
of the claim, and that it will be for the benefit and advantage
of the estate of such person being non compos mentis, to discharge
and pay such claim, and that there is no other means of so doing
than be selling part of the estate of such person, appoint a committee,
trustee or trustees, for such person being idiot, lunatic, or non
compos mentis, and may direct such committee, trustee or trustees,
to sell so much of the personal property of such person as may be
necessary to discharge the debts by him or her due, and if the personal
property is not sufficient, then so much of the real property
of such person being idiot, lunatic, or non compos mentis, as will
be sufficient for the purpose aforesaid, may be ordered by the chancellor
to be sold for such purpose.
By 1790, ch. 60, the chancellor may direct
the sale of any personal property
belonging to an idiot, &c. whose person and estate may be committed
to a trustee,
if it shall appear beneficial to convert the said property into money and
place
it on interest. And by 1819, ch. 144, s. 1, the money may be loaned
out on real,
or other security, if for the interest of the parties. |
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