Page:1889 North Dakota Session Laws.pdf/162

 166 COUNTY COURTS. § 3. ORDER FOR HEARING. ] That Section 173 of the Probate Code be amended to read as follows: "Sec. 173. If it appears to the court or judge, from such petition that it is necessary to sell the whole or some portion of such real estate for the purposes and reasons mentioned in the preceding section, or any of them, or that such sale is for the best interest of the estate, such petition must be filed and an order thereupon made, directing all persons interested in the estate to appear before the court, at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause why an order should not be granted to the executors or administrators to sell the whole or so much of the real estate of the decedent as is necessary, or for the best interest of the estate."

Approved March 15, 1890.

CHAPTER 54.

[S. F. 109.]

GRANTING POWER TO DIRECT THE MORTGAGING OF REAL ESTATE BELONGING TO MINORS.

AN ACT Ganting Power to County Courts to Direct the Mortgaging of Real Estate Belonging to the Estate of Deceased Persons and the Estate of Minors and Incompetent Persons.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. WHEN COURT MAY AUTHORIZE MORTGAGE.] The county court, if satısfied it would be clearly for the best interests of all concerned, after a full hearing upon the petition of anyone interested in the estate of a deceased person, or in the estate of a minor or incompetent person, and after an examination of the proofs and allegations of the parties interested, may authorize the executor, administrator or guardian, as the case may be, to borrow money upon the real estate belonging to said estate or some part thereof, and execute a mortgage therefor; Provided, That no mortgage shall be executed for an amount exceeding the one-half of the appraised value of the land sought to be mortgaged, including all former mortgages and said mortgage shall run for such a tern of years as shall appear to the court for the best interest of all concerned.

§ 2. NOTICE BY ORDER TO SHOW CAUSE.] Before any such mortgage is authorized to be executed the court must direct notice by