658 SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. [ART. 66.
Id s 40
1831, c 311, s 3
What estates
may be demised
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19. Any infant who maybe presumptively or apparently, for
the time being, entitled to any contingent or other remainder, or any
executory devise, use, or trust, in any lands or chattels real, may
claim a decree for a demise under the preceding section
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Id s 41
1831, c 311, s 3
Adults may as-
sent to demise
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20. Any person of full age, apparently or presumptively, for the
time being, entitled to any contingent or other remainder, reversion,
or executory devise, in the lands, or chattels real, mentioned in the
two preceding sections, may assent to a demise, or a decree therefor,
on behalf of such estate to which he is so presumptively or appar-
ently entitled
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Id. s 42
1831, c 311, ss
4, 5
Decree for de-
mise by assent
3 Md Chan
Dec 262
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21. Where the owner of the particular estate, for life or years,
or for other estate, is of full age, the court may, on his application,
and with the consent of all the owners of the other parts of the es-
tate, decree a demise, or, if the person whose consent is required
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Decree for same
by court
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to authorize a decree for a demise be an infant, or, being of full
age, shall refuse to assent, the court may, if such person be made a
defendant, on considering the pleading and evidence in the case,
determine whether a decree should be made, and decree accord-
ingly.
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Id s 43
1831, c 311, ss.
6, l3
Non-residents
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22. The preceding sections to apply to cases where any or all of
the defendants are non-residents, and such non-resident defendants
may be proceeded against in the same manner as non-resident de-
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Non- resident
infanta, pro-
ceedings same
as in case of sale
by guardian
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fendants in other cases, provided, that non-resident infants, against
whom their guardian or next friend may file a petition or bill for the
sale, mortgage, demise, or exchange of their lands or property, shall
be proceeded against as directed in cases where a guardian applies
for the sale of such infants' real estate
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Id s 44
1835, c 367, s 2.
Application for
sale by guar-
dian, of infant's
estate
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23. Upon the application of the guardian or next friend of an
infant, the court may, if it appears for the benefit and advantage of
such infant, authorize and decree an exchange of real estate, or chat-
tels real, in which such infant has any estate, interest, trust, or prop-
erty, or benefit, for other real estate, or chattels real, or interest,
trust, or property therein; and the court, in decreeing such ex-
change, may not require equality or sameness in the quantity or
character of the estate or interests, and the court may appoint trus-
tees to execute the deeds necessary to carry such exchange into
effect.
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Id s 45
1816, c 154, ss
5, 6, 7
Proceeds in-
vested
27 Md 452, 547,
34 Md 675
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24. Where the real estate of an infant is sold upon the applica-
tion of his guardian or prochein ami, the money arising from such
sale shall be invested as the court shall direct, in the name of such
infant, and the surplus interest, after deducting what may be neces-
sary for the maintenance and education of such infant, shall also
be invested as aforesaid, and such investments shall not be trans-
ferred except by order of the court, and any transfer without such
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Id. s 46
1816, c 154, s 8
Principal not
applied to in-
fant's support
unless neces-
sary.
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order shall be void.
25. No part of the principal arising from such sale of any real
estate shall be applied to the maintenance of any infant, unless the
court shall consider it necessary and order the same to be done.
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