|
|
|
|
|
|
|
208 WILLIAMS' CASE.
material facts and circumstances of the case have been brought be-
fore the court, as a foundation for that decree for a sale, which it
is called upon to pass. And after the sale has been made, and the
estate converted into money, the money may lay for some time un-
productive, as the court may have no means of making an imme-
diate investment; and which when made, cannot be altogether so
free from risk, or any thing like so absolutely secure as the real
estate itself, the title to which was undisputed; and especially
where it consisted of lands in the country, with a small proportion
in value of perishable edifices. (5)
These laws authorize an application of this kind, as well for the
benefit of a single infant, holding a real estate in severalty, as in
behalf of a plurality of infants, possessed of a real estate as joint-
tenants or tenants in common with each other. They authorize
such an application in behalf of an infant or infants possessed of a
legal real estate of inheritance, or of an equitable title to real estate,
or who may be seised of a reversion, (t) dependant upon an estate
for life; and they apparently embrace real estates of the greatest
value and largest annual profits, as well as the smallest and least
productive. In order to obtain a decree for a sale it is declared,
that the court must be satisfied, that it would, under all circum-
stances, be for the interest and advantage of the infant. Thus
calling for the exercise of a large and indefinite discretion, appa-
rently regarding the interests of none but the infants; yet it is
declared, that, in case of the death of the infant without issue, the
proceeds of sale shall descend as lands. Hence it is evident, that
although the realty is to be converted for the benefit of the infants;
tie sale is not allowed to operate as a total and immediate conver-
sion; but, during the minority of the infants, the estate is, for cer-
tain purposes, to retain its original character, and remain in a tran-
sitive condition. But the placing of it in such a situation may be
productive of much inconvenience, as regards the interests of the
infants themselves, and may create much embarrassment as to all
others who may have any concern with it. (u)
|
|
|
|
|
|
|
|
|
|
1883, it appears, that they had inherited, and then held other real estate of consider-
able value. See also the bill of Henry L. Williams and others v. Susan F. Williams
and others, filed here on the 1st of July, 1826, and the decree thereon, 18th July,
1826; Hoby v. Roby, 1 Vern. 218; In the matter of Stiles, 1 Hopk. 341.—
(s) Doughty v. Bull, 2 P. Will, 322; Oates v. Brydon, 3 Burr, 1898.—(t) Since
extended to a remainder, by 1831, ch, 311, s. 9; and to trusts for infants, and to
chattels real, by 1835, ch. 380, s. 9.—(u) Leigh &, Dal. on Conversion, 87, 147.
|
|
|
|
|
|
|
|
 |
