property, appointed by a surrogate's court, to file in the month of January in each year an inventory, account and affidavit and prescribing the form of the papers so to be filed, apply to a committee of the property appointed, as prescribed in this title. For the purpose of making that application the committee is deemed a general guardian of the property; the person with respect to whom he is appointed, is deemed a ward and the papers must be filed in the office of the clerk of the court by which the committee was appointed, or if he was appointed by the supreme court, in the clerk's office where the order appointing him is entered. In every case where a committee has used or employed the services of an incompetent person, with respect to whom he has been appointed a committee, or where moneys have been earned by or received on behalf of such incompetent person, the committee must account for any moneys so earned or derived from such ser vices, the same as for other property or assets of the incompetent person.

L. 1894, ch. 51.

§ 2342. [Am'd, 1895.] Id.; may be compelled to file the same, or render an additional account, etc.

In the month of February of each year, the presiding judge the court, by which the committee of the property was appointedi or, if he was appointed by the supreme court, the county judge the county where the order appointing him is entered, must er amine, or cause to be examined under his direction, all account and inventories filed by committees of the person and property since the first day of February of the preceding year. If it ap pears, upon the examination, that a committee, appointed as pre scribed in this title, has omitted to file his annual inventory or a counting, or the affidavit relating thereto, as prescribed in the last section; or if the judge is of the opinion that the interest the person, with respect to whom the committee was appointed requires that he should render a more full or satisfactory inver tory or account, the judge must make an order, requiring the committee to supply the deficiency, and also, in his discreti personally to pay the expense of serving the order upon him. An order so made may be entered and enforced, and the failure to obey it may be punished, as if it were made by the court Where the committee fails to comply with the order, within three months after it is made, or, where the judge has reason to believe that sufficient cause exists for the removal of the committee, te judge may, in his discretion, appoint a fit person special guardian of the incompetent person with respect to whom the committee was appointed, for the purpose of filing a petition in his beha for the removal of the committee and prosecuting the necessart proceedings for that purpose. The committee may be compelle in the discretion of the court, to pay personally the costs of the proceedings so instituted. The committee of the property of incompetent person appointed as prescribed in this title, may st any time in the discretion of the court making such appointme render to such court an intermediate judicial account of all his proceedings affecting the property of the incompetent person to the date of the filing thereof; and said account shall be then judicially adjusted. determined and filed; and the same shall be in all respects a final judicial account of the proceedings of said committee affecting said property to that time. Notice of the a

such intermediate accounting shall be given in the hich and to the persons to whom notice of application ›intment of a committee of the person or property of unatic, idiot, or habitual drunkard is required to be le six of chapter seventeen of the code of civil proe court shall have power and it shall be its duty, if, ion, the interests of the person with respect to whom ee was appointed, require it, to appoint a suitable pecial guardian of the incompetent person for the his rights and interests in said proceeding.

446, 4, am'd. See § 2844, post; L. 1895, ch. 746, supernent in ch. 946. See ch. 946, § 4.

operty, when to be restored.

person, with respect to whom a committee is aprescribed in this title, becomes competent to manage is affairs, the court must make an order, discharging ee of his property, or the committee of his person, he case requires, and requiring the former committee him the property, remaining in the committee's hands. he property must be restored accordingly.

a'd.

; disposition in case of death.

erson, of whose property a committee has been aprescribed in this title, dies during his incompetency, 'the committee ceases; and the property of the debe administered and disposed of, as if a committee appointed.

§ 25, am'd by L. 1865, ch. 724 (6 Edm. 581).

635

TITLE VII.

Proceedings for the disposition of the real property of an infant, lunatic, idiot, or habitual drunkard.

Sec. 2345. Action to compel conveyance.

2346. Who may maintain action.

2347. Judgment; effect thereof.

2348. Application to dispose of real property; in what cases.
2349. Id.; by whom.

2350. Contents of petition.

2351. Bond of committee of lunatic, etc.

2352. Id.; of guardian of infant.

2353. Bond; how prosecuted.

2354. Reference to inquire into the application.

2355. Final order.

2356. Report of sale, etc.

2357. Certain sales, etc., prohibited.

2358. Effect of conveyance, etc.

2359. Proceeds of sale deemed real property.
2360. Infant deemed a ward of court.

2361. Disposition of proceeds; accounting.

2362. Particular estates; when included in sale.
2363. Id.; when belonging to infant, etc.

2364. Debts of infant, etc., to be paid equally.

§ 2345. Action to compel conveyance.

In either of the following cases, an action may be maintained against an infant, or a person incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness, to procure a judgment, directing a conveyance of real property, or of sa interest in real property:

1. Where the infant or incompetent person is seized or pos sessed of the real property, or interest in real property, by war; of mortgage, or only in trust for another.

2. Where a valid contract for the sale or conveyance of the real property, or interest in real property, has been made; but conveyance thereof cannot be made, by reason of the infancy incompetency of the person in whom the title is vested.

2 R. S. 55. §§ 20, 22 (2 Edm. 56); L. 1874, ch. 446, §§ 9, 23-26 (9 Edm. $1 933), am'd; L. 1875, ch. 574, §§ 7 and 8; 2 R. S. 194, ch. 1, §§ 167, 169 1 Edm. 202).

§ 2346. [Am'd, 1882.] Who may maintain action.

An action may be maintained, in a case specified in the last section, by a person entitled to the conveyance; and, also, in a case specified in subdivision second of that section, by the executor or administrator of the person who made the contrac or of a person who died seized or possessed of the real property, or interest in real property, or by an heir or devisee of either of those persons, to whom the real property has descended, or was devised. The action may be maintained by the committee the lunatic or other incompetent person; but in that case the court must appoint a special guardian for the incompetent pers as prescribed by law, where an infant is defendant, and the proceedings are the same as in a like action against an infant. Id., R. S., and laws as above.

§ 2347. Judgment; effect thereof.

A judgment, directing such conveyance, shall not be rendered unless the court, after hearing the parties, is satisfied that the

ought to be made. Upon rendering final judgment to the court has power to direct the guardian of the inerty, or the committee of the property of the lunatic competent person, or a special guardian appointed in to execute any conveyance, or to do any other act, cessary, in order to carry the judgment into effect. , § 169, and 2 R. S. 55, ch. 5, § 19 (2 Edm. 56).

m'd, 1893.] Application to dispose of real propwhat cases.

of the following cases real property, or a term, estate erest in real property, or an inchoate right of dower erty, belonging to an infant or a person incompetent to affairs, by reason of lunacy, idiocy or habitual drunkbe sold, conveyed, mortgaged, released or leased, as a the following sections of this title:

the personal property, and the income of the real the infant or incompetent person, are, together, inr the payment of his debts, or for the maintenance ry education of himself and his family.

the interests of the infant or incompetent person vill be substantially promoted by such disposition, on he real property, or term, estate, or other interest in y, being exposed to waste or dilapidation; or being oductive; or for the purpose of raising funds to prerove the same; or for other peculiar reasons, or on other peculiar circumstances.

an action might be maintained, against the infant ent person, to procure a judgment, directing the conhe real property, or interest in real property, as preections 2345 and 2346 of this act.

95, §§ 167, 170, 175 (2 Edm. 202, 203); 2 R. S. 53-55. §§ 11, 16, Edm. 55 and 56); L. 1864, ch. 417, §§ 1 and 5 (6 Edm. 291); 27 (7 Edm. 463); L. 1870, ch. 37 (7 Edm. 584); also, L. 1874, and id., §§ 6, 9, 17 and 23 (9 Edm. 929, 933), am'd; L. 1875, nd L. 1876, ch. 267, § 2; L. 1893, ch. 639.

-; by whom.

tion, in either of the cases prescribed, in the last be made by the petition of the general guardian, or of the property of the infant; or by the committee ty of the lunatic or other incompetent person; or by or other person, in behalf of either. Where the apa behalf of an infant of the age of fourteen years or infant must join therein. Where the application is supreme court, the petition must be presented at a thin the judicial district, in which the property, or f, is situated.

ad laws as in last section.

'd, 1893.] Contents of petition.

à must be verified in like manner as a verified pleadtion in the supreme court. It must set forth the e application; and in a case specified in subdivisions nd of the last section but one, other than a case lication is made for the sale of an undivided interant or incompetent person in one or more parcels of to avoid an action of partition on the part of his

cotenants, it must also state the particulars and value of the real and personal property, and the amount of the income of the infant or incompetent person; the disposition which has been made of his personal property, and an account of the debts or de mands, if any, existing against his estate. In the case above specified where the application is made for the sale of an undivided interest of the infant or incompetent person, the petition must state the particulars and value of the real property in respect to which a sale is desired...

L. 1893, ch. 311.

§ 2351. [Am'd, 1893.] Bond of committee of lunatic, ete. An application to sell, mortgage, or lease real property, or an interest in real property, of a lunatic, idiot, or habitual drunkard, cannot be granted, unless a committee of his property has been appointed. Upon such an application, if it is made by the committee, the court must make an order, directing him to file with the clerk, a bond, in such a form, in such an amount, and with such sureties, as it directs, conditioned for the faithful discharge of his trust; for the paying over and investing of, and accounting for, all money received by him in the special proceeding, according to the direction of any court having authority to give directions in the premises; and for the observance of the directions of the court, in relation to the trust. If the application is made by any other person, an order must be made thereupon, requiring the committee to show cause why he should not file such a bond. If, after hearing the committee, the court is of opinion, that there is probable cause for granting the application, it may make an order, requiring the committee to file such a bond; or, if the committee so elects, or fails to file the bond as directed in the order, it may appoint a suitable person to be the special guar dian of the incompetent person, with respect to the proceedings: who must thereupon file such a bond. Where an application is made to release an inchoate right of dower, application must be made by the husband of the lunatic, idiot or habitual drunkard and may be made before or after a committee has been ap pointed. The court may appoint the husband special guardian. and he must file a bond as herein provided.

§ 2352. [Am'd, 1893.] Id.; of guardian of infant.

Upon an application to sell, mortgage or lease real property or an interest in real property of an infant, the court must appoint a suitable person to be the special guardian of the infant with respect to the proceedings, who must thereupon file with the clerk a bond as prescribed in the last section. Any trust com pany authorized by the laws of this state to act as general guar dian of the estate of an infant without giving security may be ap pointed such special guardian and in such case the court in the order of appointment may dispense with the giving and filing of any such bond.

L. 1893, ch. 268.

§ 2353. Bond; how prosecuted.

Upon a breach of the condition of a bond, given as prescribed in either of the last two sections, the court must direct it to be prosecuted for the benefit of the person injured.