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An Act to authorize the sale of the estates of infants and femes covert 1850 vol. I 391 (1850)

handle is hein.slavery/ssactsky0670 and id is 1 raw text is: LAWS OF KENTUCKY. •

CHAPTER 701.                          1851.
AN ACT to authorize the sale of the estates of infants andfemes covert.  -
§ 1. Be it enacted ly the General Assembly of the Common-
wealth of Kentucky, That it shall be lawul for the circuit  Petition may
court to order or decree the sale of the real estate and slaves be filed.
of infants and femes covert, or of any interest they may-
have therein, whether it be a present or future interest, or in
whatever manner derived, if it shall appear to said court
proper to do so, upon the application of the guardian or
next friend of an infant, or the husband or next friend of a
feme covert, by petition sworn to, setting forth the estate or
interest of which the sale is desired, and that a sale of the
same would redound to the interest of such infant or feme
covert: Provided, That no sale of the estate of afeme covert
shall be made, unless she shall file an answer to the peti-
tion of her husband or next friend, consenting to said sale,
and shall acknowledge the same on privy examination be-
fore said court. The court may authorize and require the   Proceeds of
investment of the proceeds of said sale, either in or out of sale how to be
this state, in such manner as shall appear to the court to be invested.
safe and profitable, and most to the interest of said infant
or~feme covert. Before the money arising from such sale is
paid over to the guardian or next friend of an infant, or  Bondtobeex-
husband or next friend of afeme covert, the court shall re- ecuted.
quire bond, with good security, in at least double the amount
to be secured, for the faithful performance of the orders
and decrees of said court. All persons having an interest
Who to be
in said estate, or its sale, shall be made parties to the peti- made parties to
tion; and when the estate has been devised by will, or con- petition.
veyed by deed of trust, the donor, if living, and the trustee,
if any, shall be made parties to the petition. The court
shall make all orders necessary to the proper making of
said sale, and the conveyance to the purchaser of the title
to the estate, sold under the provisions of this act; and, to
that end, may appoint one or more commissioners for such
purpose.
§ 2. That it shall be lawful for the circuit court, upon the court may de-
cree  sal.e 0 f
petition of an executor or administrator of any estate, to r15ve.e
decree a sale of any slave or slaves, belonging to the es-
tate of which the petitioner is executor or administrator,
as are ungovernable, of a vicious character, or in danger
of running away, if the'court should be of opinion, from
the proof in the cause, that such sale would redound to the
interest of said estate ; and the money arising from any
such sale shall be paid to and distributed by said executor
or administrator as other estate of the decedent in his
bands: Provided, that before a sale is ordered under the
provisions of this section, the court shall require the exe-
cutor or administrator to execute bond, with good security,
and in adequate penalty, conditioned for the faithful distri-
bution of the money arising from said sale according to law.

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