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192 WILLIAMS' CASE.
ming a legislative authority, the doing of that which is properly the
subject of a private act of parliament. (I) Nor have I been able to
fed any ease to the English books in which the court his under-
taken to change the nature of an infant's inheritance by selling the
land itself, and investing the proceeds of the sale for his benefit;
or in which the court has sanctioned any such sale made by the
guardian or trustee of an infant.
In the management of a lunatic's estate, in England, looking to
his maintenance and the payment of his debts, if the court sees
that his advantage would be promoted by selling a part of his real
estate, inconvenient, ill conditioned, &c. for these purposes, it
would have no difficulty in doing so without making any saving of
his rights over the property into which it had been converted; (m)
such as is here made by our acts of Assembly when a sale is made
of a lunatic's real estate for his maintenance, &c. (n) But where,
under our act of Assembly, a portion of an infant's real estate is re-
quired to be sold to save his personalty, no saving is directed to be
made for the benefit of any one. (o)
In England the conversion of an infant's personal into real
estate, by the purchase of lands, has been rarely or ever prohibited
by the court, when made with a proper saving of the infant's
rights; because of the great additional security which is thus given
to his property. Such a conversion is regarded as a permanently
safe investment of the infant's personalty; which, with due care,
may always be made without loss, and can seldom fail to be ad-
vantageous to him; (p) particularly during the prevalence of those
epidemic speculation fevers, which for some seasons hare been
attended with such frightful ruin in Europe; (q) and have many
times spread so much confusion and distress over our country, (r)
It is declared, however, that all changes in the nature of an infant's
property should be avoided as far as practicable; and that none
should be made without an entire saving of his rights or whereby
(l) Taylor v. Philips, 1 Ves. 229; S. C. 2 Yes. 23; Belt's Supp. 120, 258; Harvey
v. Ashley, 3 Atk. 613; Russel v. Russel, 12 Cond. Chan. Rep. 258; In the matter
of ——a minor, 12 Cond, Chan. Rep. 259; Mackworth's case, 1 Vern. 461.—(m)
Ex parte Phillips, 19 Ves. 123.—(n) 1785, ch. 72, s.6; 1800, ch. 67, s. 5; 1828, ch.
26, s. 8; 1829, ch. 222; 1883, ch. 150. (o) 1818, ch. 193, s, 8; Waring v. Waring,
2 Bland, 676,—(p) Doughty v. Bull, 2 P. Will. 320; Terry v. Terry, Prec. Chan.
273; Inwood v. Tyne, 2 Eden, 148; Webb v. Shaftsbury, 6 Mad, 100.—(q) Cham-
bers v. Chambers, Fitzgib. 127; S. C. Mosely, 333; Terry v. Terry, Prec. Chan. 274;
Harrison v. Hart, Comyns, 394; Rees' Cyclo. art. John Law; Collyer on Partnership,
618; Chalmer v, Bradley, 1 Jac.& Walk 59,—(r) Hoye v. Penn, 1 Bland, 41, note.
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