of some specific piece or part thereof, would be greatly injured, the Court may license a sale of the whole of the estate, or of such part thereof as the Court shall judge necessary, and most for the interest of all concerned. Bond. (3078.) SEC. 40. The guardian shall give bond to the Judge Guardian to give of Probate to account for the surplus of the proceeds of the sale, in like manner as is prescribed in this chapter in the case of a like sale by an executor or Administrator. to be granted probation of Su Poor.. (3079.) SEC. 41. No license shall be granted to any guardian When license not to sell real estate of his ward as provided in this chapter, in without the ap any case excepting that of minors, unless the Superintendents perintendants of of the Poor of the county of which the ward is an inhabitant, or in which he resides, shall certify to the Judge of Probate, in writing, their approbation of such proposed sale, and that they deem it necessary. notice of hear (3080.) SEC. 42. All those who are next of kin, and heirs who entitled to apparent or presumptive of the ward, shall be considered as ing." interested in the estate, and may appear as such and answer to the petition of the guardian; and when personal notice of the time and place of hearing the petition is required to be given, they shall be notified as persons interested, according to the provisions respecting similar sales by executors and Administrators, contained in this chapter. may file copy of (3081.) SEC. 43. When any minor, insane person or spend- Foreign guardian thrift, residing out of this State, shall be put under guardian- his appointment. ship 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 of any county in which there may be any real estate of the ward. to sell Real Es (3082.) SEC. 44. After filing an authenticated copy of his May be licensed appointment, such foreign guardian may be licensed to sell the tate of Ward. real estate, for the payment of the debts of the ward, and the charges of managing his estate, 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 wherein a different provision is hereinafter made. quired, and when (3083.) SEC. 45..When it shall appear to the Judge of When Bond reProbate, that the foreign guardian is bound, with sufficient not. surety or sureties, in the State or country where he was appointed, to account for the proceeds of such sale, and an authenticated copy of such bond shall be filed in the Probate When licensed to sell more than is debts, Bond to be given. Court, no further bond shall be required here; otherwise, he shall give bond, in like manner as is prescribed in this chapter in the case of sales by foreign executors or Administrators. (3084.) SEC. 46. When such foreign guardian is authorized necessary to pay to sell more than is necessary to pay the debts and charges, he shall, before making the sale, give bond, with sufficient surety or sureties, to the Judge of Probate, with condition to account before such Judge, for all the proceeds of the sale that shall remain, after payment of the said debts and charges, and to dispose of the same according to law. Surplus to be considered Re al Estate. 3 Mass., 518. 9 Pick., 130. Guardian to take oath before sale. When Court may award costs. Limitation of actions to re (3085.) SEC. 47. In all cases of a sale by an executor, Administrator or guardian, of part or the whole of the real estate of his testator, intestate or ward, under a license granted by any Probate Court, by virtue of the provisions of this chapter, whether such executor, Administrator or guardian was appointed in this State or elsewhere, the surplus of the proceeds of the sale, remaining on the final settlement of the accounts, shall be considered as real estate, and disposed of among the persons, and in the same proportions, as the real estate would have been by the laws of this State, if it had not been sold. (3086.) SEC. 48. Every guardian, whether appointed in this State or elsewhere, when licensed to sell real estate, as provided in this chapter, shall, before making such sale, take and subscribe an oath like that required in the same case of an executor or Administrator; and notice shall be given, and the proceedings shall be conducted in the like manner as is prescribed in the case of an executor or Administrator, and the evidence of giving such notice may be perpetuated in the same manner. (3087.) SEC. 49. If any person shall appear and object to the granting of any license prayed for under the provisions of this chapter, by an executor, Administrator or guardian, and if it shall appear to the Court, either that the petition, or the objection thereto, is unreasonable, the Court may, in its discretion, award costs to the party prevailing, and may enforce the payment thereof. (3088.) SEC. 50. No action for the recovery of any estate cover Estate sold. sold by an executor or Administrator under the provisions of this chapter, shall be maintained by any heir or other person claiming under the deceased testator or intestate, unless it be commenced within five years next after the sale; and no action for any estate sold in like manner by a guardian 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, except as provided. hereinafter and others under (3089.) SEC. 51. The preceding section shall not apply to Case of Minors persons out of the State, nor to minors, or others under any disability. legal disability to sue, at the time when the right of action shall first accrue; but all such persons may commence such action at any time within five years after the removal of the disability, or their return to this State. on account of larities when Ward. (3090.) SEC. 52. In case of an action relating to any estate Sale not avoided sold by an executor, Administrator or guardian, in which an certain irreguheir or other person claiming under the deceased, or in which title contested by the ward, or any person claiming under him shall contest the 2 Mich R., 226. validity of the sale, it shall not be avoided on account of any irregularity in the proceedings, provided it shall appear: 1. That the executor, Administrator or guardian was licensed to make the sale by the Probate Court having jurisdiction; 2. That he gave a bond which was approved by the Judge of Probate, in case a bond was required upon granting a license; 3. That he took the oath prescribed in this chapter; 4. That he gave notice of the time and place of sale as in this chapter prescribed; and: 5. That the premises were sold accordingly, and the sale confirmed by the Court, and that they are held by one who purchased them in good faith. erable for mis tion to sale. (3091.) SEC. 53. If there shall be any neglect or misconduct in the proceedings of the executor, Administrator or conduct in relaguardian, in relation to such sale, by which any person inter- 5 Pick., 521. ested in the estate shall suffer damages, such aggrieved party may recover the same in a suit on the probate bond, or otherwise, as the case may require. for certain irreg title contested by ant. (3092.) SEC. 54. If the validity of a sale made by an execu-sale not avoided tor, Administrator or guardian, shall be drawn in question by a larities, when any person claiming adversely to the title of the deceased adverse claimtestator or intestate, or of the ward, or claiming under any title that is not derived from or through the deceased person or the ward, the sale shall not be held void on account of any irregularity in the proceedings: Provided, it shall appear that the executor, Administrator or guardian was licensed to make the sale by a Probate Court having jurisdiction, and that he 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. PERSONS OF THE SALE OF LANDS OF MINORS AND OTHER PROCEEDS FOR 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 Ward. benefit of (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 proceeds 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. settlement con Estate. 1 Kernan, 544. (3098.) SEC. 5. In every case of the sale of real estate, as Residue on final 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. (3099.) SEC. 6. In order to obtain a license for such sale, the Petition for li guardian 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. (b) As Amended by Act 12 of 1849, approved and in force Jan. 26, 1849. Laws of 1849, p. 8. |