SALE AND CONVEYANCE OF REAL ESTATE BELONGING TO LUNATICS.

$ 64. (SEC. 51.) Application to probate court. Any lunatic seized of any real estate, or entitled to any term for years in lands, or having any tenancy by the curtesy, or any tenancy by the curtesy initiate, may, by guardian duly appointed, or if such lunatic is a married woman, having any real estate held by her as her separate estate, or having any dower admeasured, or right of dower, or inchoate right of dower, in any real estate, she may, by her guardian duly appointed, or by her husband, apply to the probate court of the county in which such real estate or some part thereof is situate, or, if such lunatic is a married woman, in the county in which her husband resides, for the sale or disposition of the same, in the manner hereinafter directed. (As amended 1867, c. 73, § 1.) $65. (SEC. 52.) Bond of guardian. On such application, said guardian or said husband shall give bonds to the judge of probate of the county in which such proceedings are had, for the benefit of such lunatic (in addition to any bond given on appointment as guardian), to be filed with the judge of said probate court, in such penalty, with sureties, and in such form, as the said probate court shall direct, conditioned for the faithful performance of the trust reposed, for the paying over, investing and accounting for all moneys that shall be received by such guardian or husband, according to the order of any court having authority to give directions in the premises, and for the observance of the orders and directions of the court in relation to the trust. (As amended 1867, c. 73, § 2.) § 66. (SEC. 53.) Bond prosecuted, when. If such bond is forfeited, the court shall direct

it to be prosecuted for the benefit of the party injured.

§ 67. (SEC. 54.) Application, how considered. Upon the filing of such bond, the court may proceed in a summary manner, by reference to a referee, to inquire into the merits of such application.

$ 68. (SEC. 55.) Sale may be ordered, when. Whenever it appears satisfactorily that a disposition of any part of the real estate of such lunatic, or of any interest in any term for years, or of a tenancy by the curtesy, or tenancy by the curtesy initiate, in any real estate, or a disposition of any real estate, or of her interest in a term of years, of a married woman who is a lunatic, held by her as her separate estate, or of any dower admeasured, or right of dower, or inchoate right of dower, of a married woman who is a lunatic, is necessary and proper, either for the support and maintenance of such lunatic, or for his education; or that the interest of such lunatic requires, or will be substantially promoted by, such disposition, on account of any part of such property being exposed to waste and dilapidation, or on account of its being wholly unproductive, or when the same has been contracted to be sold, and a conveyance thereof cannot be made by reason of such lunacy, or for any other peculiar reasons or circumstances, the court may order the letting for a term of years, or the sale or other disposition, of such real estate or interest to be made by such guardian or husband of such married woman who is a lunatic, in such manner and with such restrictions as shall be deemed expedient, or may order the fulfilment of said contract, by conveyance by such guardian or husband, according to the terms of the contract.

§ 69. (SEC. 56.) Real estate not to be sold or leased, when. But no real estate, or term of years, or any interest in real estate herein before named, shall be sold, leased, or disposed of in any manner, against the provisions of any last will, or of any conveyance, by which such estate, or term, or interest was devised or granted to such lunatic.

$70. (SEC. 57.) Report to be made to court. Upon an agreement for the sale, leasing, or other disposition of such property being made, or upon any conveyance in fulfilment of a contract being executed in pursuance of such order, the same shall be reported to the court, on the oath of the guardian or husband making or executing the same, and, (except in case of a conveyance to fulfil a contract,)

if the report is confirmed a conveyance shall be executed, under the direction of the court.

§ 71. (SEC. 58.) Effect of such sale, etc. All sales, leases, dispositions and conveyances, made in good faith by such guardian or husband, in pursuance of such orders, shall be valid and effectual as if made by such lunatic when of sound mind.

$ 72. (SEC. 59.) Order concerning proceeds of sale-report of investment, etc. The court shall make order for the application and disposition of the proceeds of such property, and for the investment of the surplus belonging to such lunatic, so as to secure the same for the benefit of such lunatic; and shall direct the ascertainment of the value of such tenancy by the curtsey, or tenancy initiate, or dower, or right of dower, or inchoate right of dower; and shall direct a return of such investment and disposition to be made on oath, as soon as may be; and shall require accounts to be rendered periodically by any committee or other person who may be intrusted with the disposition of the income of such proceeds.

$73. (SEC. 60.) Interest of lunatic in proceeds. No sale made, as aforesaid, of the real estate or interest therein of any lunatic, shall give to such lunatic any other or greater interest or estate in the proceeds of such sale than such lunatic had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold, or the interest therein of the said lunatic, and the court shall make order for the preservation of the same.

§ 74. (SEC. 61.) Compensation in lieu of dower. If the real estate of any lunatic, or any part of it, is subject to dower or other life estate, and the person entitled thereto consents, in writing, to accept a gross sum in lieu of such dower or other life estate, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to such dower or life estate during life, the court may direct the payment of such sum in gross, or the investment of such sum, as shall be deemed reasonable and be acceptable to the person entitled to said dower or other life estate, or right therein, actual or contingent, in manner aforesaid.

§ 75. (SEC. 62.) Dower to be released. Before any such sum is paid, or investment made, the court shall be satisfied that an actual release of such right of dower or other life estate, actual or contingent, has been executed.

§ 1. Court may decree conveyance of lands, when. When any person who is bound by a contract in writing to convey any real estate, dies before making the conveyance, the probate court may make a decree, authorizing and directing the executor or administrator to convey such real estate to the person entitled thereto,

in all cases where such deceased person, if living, might be compelled to execute such conveyance.

§ 2. Petition-notice of hearing. On the presentation of a petition by any person claiming to be interested in causing such conveyance from any executor or administrator to be made, setting forth the names, ages and residences, if known, of all persons interested in the estate to be conveyed, and the facts upon which such claim is predicated, the judge of probate shall appoint a time and place for hearing such petition; and notice thereof shall be given to those interested, in the same manner provided for in sections three and four of chapter fiftyseven of the General Statutes. (As amended 1875, c. 57, § 1.)

§ 3. Proceedings on hearing. At such hearing, or any adjournment thereof, upon proof by affidavit of the due publication of the notice, all persons interested in the estate may appear before the probate court and defend against such petition; and the court may examine on oath the petitioner, and all others produced before it for that purpose.

§ 4. Decree for conveyance-dismissal of petition. After a full hearing upon such petition, and examination of the facts and circumstances of such claim, if the judge of probate is satisfied that a conveyance of the real estate described in the petition should be made, according to the provisions of this chapter, he shall thereupon make a decree, authorizing and directing the executor or administrator to make and execute a conveyance thereof, to the person or persons entitled thereto; otherwise he shall dismiss such petition. (As amended 1875, c. 57, § 2.)

$5. Appeals decree to be recorded. Any person interested may appeal from such decree or dismissal to the district court for the same county, as in other cases; but if no appeal is taken from such decree within the time limited therefor by law, or if such decree is affirmed on appeal, the executor or administrator shall execute the conveyance, according to the direction contained in such decree; and a certified copy of the decree shall be recorded, with the deed, in the office of the register of deeds in the county where the lands lie, and shall be evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the conveyance.

§ 6. Effect of decree and conveyance. Every conveyance made in pursuance of a decree of the probate court, as provided in this chapter, shall be effectual to pass the estate contracted for, as fully as if the contracting party himself was still living, and executed the conveyance.

§ 7. Effect of recording copy of decree in registry of deeds. A copy of the decree for conveyance, made by the probate court, and duly certified, and recorded in the registry of deeds in the county where the lands lie, shall give the person entitled to such conveyance a right to the possession of the lands contracted for, and to hold the same, according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree; and such right may be enforced, if necessary, by said court, according to the course of practice therein.

§ 8. Heirs, etc., of purchaser may prosecute proceeding. If the person to whom the conveyance was to be made dies before the commencement of proceedings according to the provisions of this chapter, or before the conveyance is completed, any person who would have been entitled to the estate under him, as heir, devisee or otherwise, in case the conveyance had been made according to the terms of the contract, or the executor or administrator of such deceased person, for the benefit of the person so entitled, may commence such proceedings, or prosecute the same, if already commenced; and the conveyance shall thereupon be so made as to vest the estate in the same persons who would have been so entitled to it, or in the executor or administrator for their benefit.

§1. Judge of probate may appoint guardians. The judge of probate in each county, when it appears to him necessary or convenient, may appoint guardians to minors and others, being inhabitants or residents in the same county, and also to such as reside out of the state, and have any estate within the same.

OF MINORS.

§2. Who are minors. Males of the age of twenty-one years, and females of the age of eighteen years. shall be considered of full age for all purposes; before those ages, they shall be considered minors.

§ 3. Guardian of minor, by whom appointed. If the minor is under the age of fourteen years, the judge of probate may nominate and appoint his guardian; if he is above that age, he may nominate his own guardian, who, if approved by the judge, shall be appointed accordingly. If not so approved, or if the minor resides out of this state, or if, after being cited by the judge, he neglects for ten days to nominate a suitable person, the judge may nominate and appoint his guardian, in the same manner as if he was under the age of fourteen years.

§ 4. Minor may nominate before justice of the peace, when. A minor above the age of fourteen years may nominate his guardian before a justice of the peace, or the city or town clerk, who shall certify the fact to the probate court.

$5. Powers of guardians-custody of person-married women as guardians. The guardian of a minor shall have the custody and tuition of his ward, and the care and management of all his estate; and, unless sooner discharged according to law, shall continue in office until the minor arrives at full age. But the father of the minor, if living, and in case of his death, the mother, they being respectively competent to transact their own business, and not otherwise unsuitable, shall be entitled to the custody of the person of the minor, and the care of his education. A married woman, by reason of such marriage, shall not be disqualified from holding the position of guardian, either of the person or estate of a minor, the same as if she were unmarried. (As amended 1873, c. 59, §1.)

86. Testamentary guardian-powers and duties. A father may, by his last will in writing, appoint guardians for his children, whether born at the time of making the will or afterwards, to continue during the minority of the child, or a less time. Such testamentary guardian shall have the same powers, and perform the same duties, with regard to the person and estate of the ward, as a guardian appointed by the probate court.

§7. Such guardian to give bond-exception. The guardian so appointed shall give the bond prescribed in section seventeen, except that when the testator has ordered or requested in his will that a bond be not given, it shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the probate court deems it proper to require it.

OF INSANE PERSONS AND SPENDTHRIFTS.

§8. Appointment of guardian-petition. The probate court may appoint a guardian or guardians of any person who, by reason of old age, or loss or imperfection of mental faculties, is incompetent to have the charge or management of his property, or person who, by excessive drinking, gaming, idleness or debauchery, so spends, wastes or lessens his estate as to be likely to expose himself or his family to want or suffering, either upon the application of the county commissioners of the county where such person resides, or upon the petition of any relation or friend of such person, which petition shall set forth the facts, and be verified by the affidavit of the petitioner to the effect that he believes the facts so stated are true. (As amended 1878, c. 20. § 1.)

$9. Order for hearing on petition-notice. Upon the presentation of such application or petition, the probate court shall fix the time and place for the hearing of the same, and shall cause notice of such hearing, and of the time and place thereof, to be given to the person proposed to be put under guardianship, at least fourteen days prior to the time fixed for such hearing. (As amended 1877, c. 23, § 2.)

§ 10. Hearing and appointment. At the hearing, the court shall consider all competent evidence that may be produced in support of and against the application or petition; and if, after a full hearing, it appears that the person so proposed to be put under guardianship comes within the description of persons mentioned in section eight of this chapter, the court shall appoint a guardian or guardians, not exceeding in number, of his person and estate. (As amended 1877. c. 23, § 3.)

*§ 11. Filing of copy of proceedings in registry of deeds-subsequent contracts, etc, of ward. The county commissioners or petitioners may, as soon as the notice mentioned in section nine of this chapter shall have been given to the person proposed to be put under guardianship, cause a copy of the application or petition, and of the notice, and proof of the service of such notice on the person to be served therewith. to be filed in the office of the register of deeds of the county and recorded therein; and if a guardian or guardians shall be appointed on such application or petition, all contracts, except for necessaries, and all gifts, sales or transfers of real or personal estate, made by the person put under guardianship, after the filing of such papers in the office of the register of deeds, and before the termination of the guardianship, shall be void. (1877, c. 23, § 4.)

*§ 12. Powers of guardian-bond. The guardian or guardians of such insane or other person so put under guardianship shall have the care and custody of the person of his ward, and management of all his estate, and shall give the bond prescribed in section seventeen of this chapter, except that the provisions relating to the education of the ward shall be omitted. (Id. § 5.)

13. Guardian to file inventory. That when a person has been or hereafter is appointed guardian of an insane person, said guardian shall, within three months after the passage of this act, if already appointed, and within three months after his appointment, if hereafter appointed, make, and file in the probate court by