Liability of Executor, etc., for fraud. did accordingly execute and acknowledge, in legal form, a deed for the conveyance of the premises. (3093.) SEC. 55. Any executor, Administrator or guardian, who shall fraudulently sell any real estate of his testator, intestate or ward, contrary to the provisions of this chapter, shall be liable in double the value of the land sold, as damages to be recovered in an action on the case by the person having an estate of inheritance therein. CHAPTER CII. OF THE SALE OF LANDS OF MINORS AND OTHER PERSONS UNDER GUARDIANSHIP, AND INVESTING THE SECTION 3094. When Guardian may sell Real Estate of 3095. When sale may be made, and proceeds put 3096. Application of proceeds of sale for support. 3098. Residue on final settlement considered 3099. Petition for license to sell. 3100. Order to show cause. 3101. Service, etc., of order. 3102. When certificate of Superintendents of 3103. Hearing of petition. 3104. Examination of Guardian, etc. SECTION 3107. Guardian to take oath before fixing time and place of sale. 3108. Notice of sale, etc. 3109. License to be in force one year. his appointment. 3111. Foreign Guardian may be licensed to sell. 3112. Manner of conducting sale, etc. 3113. Disposition of residue on final settlement by foreign Guardian. 3114. When Court to award costs to prevailing party. 3115. Limitation of suits by Ward, etc., to reco- 3116. Sale not avoided for certain irregularities. When Guardian may sell Real Es support, etc. Chapter Seventy-Eight of Revised Statutes of 1846. (a) (3094.) SECTION 1. When the income of the estate of any tate of Ward for person under guardianship, whether as a minor, insane person or spendthrift, shall not be sufficient to maintain the ward and his family, or to educate the ward when a minor, or the chil (a) See note (a) to last Chapter, for prior laws on the same subject. be made, and at interest, etc. dren of such insane person, or spendthrift, his guardian may sell his real estate for that purpose upon obtaining a license therefor, and proceeding therein as provided in this chapter. (3095.) SEC. 2. When it shall appear satisfactorily to the When sale may Court, upon the petition of any such guardian, that it would be proceeds put out for the benefit of his ward that his real estate, or any part thereof, should be sold, and the proceeds thereof put out on interest, or invested in other more productive real estate, or in some productive stock, his guardian may sell the same for that purpose, upon obtaining a license therefor, and proceeding therein as hereinafter provided. (b) (3096.) Sec. 3. If the estate is sold for the purpose men-Application of tioned in the first section of this chapter, the guardian shall for support, etc. apply the proceeds of the sale to such purpose, so far as necessary, and shall put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital shall be wanted for the maintenance of the ward and his family, or for the education of the ward when a minor, or the children of such insane person or spendthrift, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward. proceeds of sale for benefit of Ward. (3097.) SEC. 4. If the estate is sold for the purpose of put-Investment of ting out or investing the proceeds, as provided in the second Preds of sale section of this chapter, the guardian shall make the investment according to his best judgment, or in pursuance of any order that may be made by the Probate Court. as Residue on final settlement con Estate. 1 Kernan, 544. (3098.) SEC. 5. In every case of the sale of real estate, provided in this chapter, the residue of the proceeds, if any, sidered as Real remaining upon the final settlement of the accounts of the guardianship, shall be considered as real estate of the ward, and shall be disposed of among the same persons, and in the same proportions as the real estate would have been, if it had not been sold. cense. li (3099.) SEC. 6. In order to obtain a license for such sale, the petition for 1guardian shall present to the Probate Court of the county in which he was appointed guardian, a petition therefor, setting forth the condition of the estate of his ward, and the facts. and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale; which petition shall be verified by the oath of the petitioner. () As Amended by Act 12 of 1849, approved and in force Jan. 26, 1849. Laws of 1849, p. 8. Order to show cause. Service, etc., of order. When certificate of Superintend cessary. (3100.) SEC. 7. If it shall appear to the Court from such petition, that it is necessary, or would be beneficial to the ward, that such real estate or some part of it should be sold, the Court shall thereupon make an order, directing the next of kin of the ward, and all persons interested in the estate, to appear before such Court at the time and place therein to be specified, not less than four nor more than eight weeks from the time of making such order, to show cause why a license should not be granted for the sale of such estate. (3101.) SEC. 8. A copy of such order shall be personally served on the next of kin of such ward, and on all persons interested in the estate, at least fourteen days before the hearing of the petition, or shall be published at least three successive weeks in such newspaper circulating in the county as the Court shall specify in such order. (3102.) SEC. 9. No such license shall be granted for the sale ent of Poor ne- of any real estate of a ward, excepting that of a minor, unless the Superintendents of the Poor of the county in which the ward is an inhabitant shall certify in writing their approbation of the proposed sale. Hearing of petition. Guardian, etc. (3103.) SEC. 10. The Judge of Probate, at the time and place appointed in such order, or at such other time as the hearing shall be adjourned to, upon proof of the due service or publication of the order, and upon filing the certificate of approbation of the Superintendents of the Poor, when necessary, shall hear and examine the proofs and allegations of the petitioner, and of the next of kin, and all other persons interested in the estate, who shall think proper to oppose the application. Examination of (3104.) SEC. 11. On such hearing the guardian may be examined on oath, and witnesses may be produced and examined by either party, and process to compel their attendance and testimony may be issued by the Judge of Probate, in the same manner, and with like effect as in other When license to be granted. cases. (3105.) SEC. 12. If, after a full examination, it shall appear to the Court, either that it is necessary, or that it would be for the benefit of the ward, that the real estate, or any part of it should be sold, such Court may grant a license therefor, specifying therein whether the sale is to be made for the maintenance of the ward and his family, or for the education of the ward or his children, or in order that the proceeds may be put out or invested as aforesaid. (3106.) SEC. 13. Every guardian licensed to sell real estate Bond to be given as aforesaid shall, before the sale, give bond to the Judge of by Guardian. Probate, with sufficient surety or sureties, to be approved by such Judge, with condition to sell the same in the manner prescribed by law for sales of real estate by executors and Administrators, and to account for, and dispose of the proceeds of the sale, in the manner provided by law. oath before fixing of sale. (3107.) SEC. 14. Such guardian shall also, before fixing on Guardian to take the time and place of sale, take and subscribe an oath in time, and place substance like that required in the preceding chapter, to be taken by an executor, Administrator or guardian, when licensed to sell real estate pursuant to the provisions of that chapter. etc. (3108.) SEC. 15. He shall also give public notice of the time Notice of sale, and place of sale, and shall proceed therein in like manner as is prescribed in the case of a sale by a guardian in the preceding chapter, and the evidence of the giving of such notice may be perpetuated in like manner, and with the same effect, as is provided in like cases in that chapter. in force more (3109.) SEC. 16. No license granted in pursuance of this License not to be chapter, shall be in force more than one year after granting than one year. the same. Guardian may file pointment. (3110.) SEC. 17. When any minor, insane person or spend- When foreign thrift, residing without this State, shall be put under copy of his ap guardianship in the State or country in which he resides, and shall have no guardian appointed in this State, the foreign guardian may file an authenticated copy of his appointment in the Probate Court, in any county in which there may be any real estate of the ward. may be licensed (3111.) SEC. 18. After filing such authenticated copy of his Foreign Guardian appointment, such foreign guardian may be licensed by the to sell. Probate Court of the same county, to sell the real estate of the ward in this State, in the same manner, and upon the same terms and conditions as are prescribed in this chapter in the case of a guardian appointed in this State, excepting in the particulars hereinafter mentioned. ducting sale, etc. (3112.) SEC. 19. Every foreign guardian so licensed to sell Manner of con real estate, shall take and subscribe the oath required in the like case of guardians appointed in this State, and shall give notice of the time and place of sale, and conduct the same in the manner prescribed for guardians appointed here, and may perpetuate the evidence of notice in the same manner. Disposition of res idue on final forreign Guardi- (3113.) SEC. 20. Upon every such sale by a foreign guardian, settlement by the proceeds of the sale, or as much thereof as may remain upon the final settlement of the accounts of the guardianship, shall be considered as real estate of the ward, and shall be disposed of among the same persons, and in the same proportions, as the real estate would have been according to the laws of this State, if it had not been sold; and such foreign guardian shall in every case, before making the sale, give bond with satisfactory surety or sureties, to the Judge of Probate, with condition to account for and dispose of the same accordingly. When the Court may award costs party. (3114.) SEC. 21. If any person shall appear and object to to prevailing the granting of any license prayed for under the provisions of this chapter, and it shall appear to the Court that either the petition or the objection thereto is unreasonable, said Court may, in its discretion, award costs to the party prevailing, and enforce the payment thereof. Limita tion of suits by Ward, estate sold by Guardian. (3115.) SEC. 22. No action for the recovery of any estate etc., to recover sold by a guardian under the provisions of this chapter, shall be maintained by the ward, or by any person claiming under him, unless it be commenced within five years next after the termination of the guardianship; excepting only that persons out of the State, and minors, and others under legal disability to sue, at the time when the cause of action shall accrue, may commence their action at any time within five years next after the removal of the disability, or after their return to the State. Sale not avoided on account of ities. (3116.) SEC. 23. In case of an action relating to any estate certain irregular sold by a guardian under the provisions of this chapter, in which the ward, or any person claiming under him, shall contest the validity of the sale, the same shall not be avoided on account of any irregularity in the proceedings, provided it shall appear: 1. That the guardian was licensed to make the sale by a Probate Court of competent jurisdiction; 2. That he gave a bond which was approved by the Judge of Probate, in case any bond was required by the Court, upon granting the license; 3. That he took the oath prescribed in this chapter; 4. That he gave notice of the time and place of sale as prescribed by law; and: 5. That the premises were sold accordingly by public |