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Sale of the Real Estate and Slaves of Infants, etc. 1851 297 (1851)

handle is hein.slavery/ssactsky0694 and id is 1 raw text is: LAWS OF KENTUCKY. 297 CHAPTER LXX1I. 1852. SALE OF THE REAL ESTATE AND SLAVES OF INFANTS, &c. ARTICLE I. Lands worth less than one hundred dollars to the share. § 1. Whensoever any lands shall descend to two or more heirs, any one of whom is an infant, or of unsound mind, a married woman, or resides out of the states, and the share of each heir is not of greater value than one hun- dred dollars, the court of equity for the county in which the land, or the greater part thereof, lies, may, on the peti- tion of one or more of the heirs, decree a sale of the same. ARTICLE II. Slaves held jointly. § I. When slaves are held in joint tenancy, or tenancy in common, or otherwise, by several parties, and cannot be divided in kind, a court of equity may, on the petition of one or more of the parties interested, decree a sale of such slaves, and a distribution of the proceeds. But no such decree shall be rendered in contravention of the deed or will under which the slaves are held. § 2. All persons interested must be made parties to the proceedings under this article. ARTICLE III. Lands in general. § 1. The real estate of an infant, idiot, or lunatic, held Landofinfant, by descent, devise, or by contract, whether in possession, i rlunaticu*, reversion, or remainder, may, on a petition to the circuit maydecree sale. court of the county in which the same, or the greater part thereof, lies, be decreed to be sold. 1. But no sale of land shall be decreed in contravention Notto contra. of the will, deed, or contract under which it is held. vene will,&c. 2. The, petition must be filed by the statutory guardian Petition. or committee, and alledge his belief that the sale will re- dound to the benefit of the infant, idiot, or lunatic, and must be verified by his affidavit. 3. The title papers under which the land is held must, Title papers in all.cases, be filed with the petition. 4. The wife and children, if any, if none, his next of kin, Who to be of a lunatic or idiot, must be made parties to the petition, madeparties. and no sale of the land or slaves of an idiot or lunatic shall be made except to the extent that it plainly appears by written evidence that such sale is necessary to pay his debts, or for his maintenance. 5. All the persons interested in the land, and the statuto- ry guardians of the infants, if any, who are not petitioners, must be made parties. share of do. 6. If any objection is made to the sale by any of the de- fhidnat object. fendants to the petition, the shares of such defendants shall iont to be 38

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