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WILLIAMS' CASE. 203
disability in order to give relief under a then pressing necessity;
and to confer a capacity on infants to do acts necessary to enable
them to obtain maintenance and education, or to discharge a duty
to creditors who had claims upon their property. No material
injustice could arise from any legislative interposition to such an
extent; because the infant's property was not to be applied to any
purpose for which it was not generally or specially bound. To
authorize a sale of an infant's imperishable estate for any other
purpose, would be not merely to endow him with a capacity to act
for his own support, or in discharge of an obvious duty; but, in
effect, to divest him of his property, or to force him to make an
alienation of it, according to the fanciful opinions and notions of
others; in all cases with much risk to the whole, and the certain
loss of a part in commissions to the agents employed to make the
sale; and in many cases without the least just occasion for such
alienation. (f)
This application, for the sale of the real estate of these infants,
is founded upon the provisions of several public and general acts
of Assembly, by which, among other things, it is declared, that
where any infants shall be possessed of any real estate, it shall be
lawful for the Chancellor, upon the petition of the guardian or
prochein ami of such infants, after summoning them, and their
appearance by guardian, to be appointed by the Chancellor, to
issue a commission to not less than three discreet and sensible
men, freeholders of the county where such lands may lie, to view
and ascertain, by competent and disinterested evidence, the value
of such lands, taking into consideration the quality, local situation,
improvements, with all the advantages, and also the disadvantages
and incumbrances attending the same; and to determine whether
it would be to the interest and advantage of the infants, that such
land should be sold; (m) and report the same to the court with
their reasons therefor. Provided, that such report shall not be
conclusive, but the court may, in its discretion, examine witnesses,
and have other testimony, and shall decree a sale only in those
cases where, under all circumstances, the court shall be satisfied,
that a sale would be for the interest and advantage of the infants.
And it is further declared, that in case of the death of the infant,
(l) Seys v. Price, 9 Mod. 220; Hearle v. Greenbank, 3 Atk. 695; Ware v. Pol-
bill, 11 Ves. 278; Ex parte Philips, 19 Ves, 122.—-(m) The Legislature has since
authorized the real estate, chattel real, or trust interest of an infant to be sold, leased
or mortgaged, 1831, ch, 311, s. 2, 3 and 12; 1835, ch. 380, s. 9.
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