SALE |
a real estate to any such person, the chancellor,
on the application of a creditor, may order the whole,
or a part of such estate so descending or devised, to
be sold for the payment of the debts due from the
deceased,
Such order to take place after summoning such
minor, and his appearance by guardian, and hearing,
or after summoning such idiot, &c. and his appearance
by trustee, and hearing, when the justice of the
claim is established, if on consideration it should appear
just that such debts should be paid by a sale of
the real estate,
Manner of decreeing the said sale, &c.
The chancellor may direct the sale of a
part of the
estate of lunatics and idiots on the application of creditors,
He may direct the sale of lands, &c.
in which an
infant, idiot, or person non compos mentis, may
have
a joint interest, or interest in common with other
persons, or where a contract has been made for such
lands,
Land subject to escheat may be decreed to be
sold for the payment of debts where personal property
sufficient has not been left,
Lands belonging to minors, residents of any
other state, may be sold by the chancellor's direction
as in the case of minors residents of the state, on notice,
Also such lands, &c. or any remainder or
reversion
dependant thereon belonging to minors resident
out of the state and the United States,
Real estates devised or descending to nonresidents,
subject to sale for payment of debts,
Likewise the real estates or equitable interests
therein, of persons dying without any known heirs
or devisees,
Provision made for obtaining the legal title,
Manner of decreeing a foreclosure or
sale where
the mortgagor has removed, and his situation, or that
of his representatives, cannot be ascertained,
The chancellor may decree a sale of
the equitable
interest of persons against whom there are judgments
or decrees,
May direct the sale of personal property belonging
to any idiot, &c. if it appear beneficial to said
idiot, &c. and convert the same into money and place
it on interest,
County courts may decree a sale of
lands belonging
to infants for their benefit,
All sales made by the authority of
the county
courts, or chancellor, to be confirmed by them, &c.
Proceeds of sales made by trustees
to be paid over
to the guardian, and by him vested, &c.
When a widow entitled to dower consents
to a sale,
the chancellor or county courts may award such proportion
to such widow as they may think just, &c.
Directions how to proceed in case
the widow does
not consent to a sale,
In case of infant's death before arrival
at lawful age,
or without lawful issue, the proceeds of sales, or the
stock in which the proceeds are vested, considered as
real property, and to descend as if no sale had been
made, |
Session
Ch. S.
1785 72 5
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1785 78 1
1789 46 1
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1790 38 2
1794 60 2
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1790 60 2
1816 154 1
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