Page:United States Statutes at Large Volume 18 Part 2a.djvu/118

 GUARDIAN AND WARD. 113 Sec. 958. Such_bill shall be verihcd by the oath of the guardian, and WNW P·>m*°¤ shall set forth plainly and distinctly all the estate, real and personal, to '“““*’ “"“"°· which the infant is entitled, and all the facts which, in the opinion of 3 Mami, 1s4:i,e. the guardian, are calculated to show whether the interest of his ward 87·¤-Lv-5ii>i>·62l· will be promoted by such sale or not. 62*- SEc._ 959. The infant, together with those who would be heirs to the Parties d¢f¤¤d· estate 1f he were dead, shall be made parties defendant, and it shall be °“*·"h° ““"· the duty of the court to appoint some tit and disinterested person to be Ibid.,p.6‘.22. guardian ad litem for the infant, who shall answer the bill on oath; the infant, also, if above the age of fourteen years, shall answer the bill in proper person on oath. Sec. 960. Whether the answer to the plaintiH’s bill admit the facts Evidsncsrequia alleged or not, commissions for taking depositions shall be awarded; °d b°f°'° d°°’°°· and before the court shall have authority to decree a sale, every fact material to ascertain the propriety thereof shall be proved by clear and " ’P` credible evidence, given by disinterested witnesses; depositions to be taken in the presence of the guardian ad litem, or upon interrogatories agreed upon by him. _ Sue. 961. If, upon hearing the cause, it shall be proved, to the satis- Requisites to mufaction of the court, by evidence taken in accordance with the preceding der 9·><=¤>¤ Of ¤¤l¤ section, that the interest of the infant manifestly requires the sale of his 1"°"“L real estate, wholly or in part, and if in the opinion of the court the rights Ibid., s.:;, p.622. of others will not be violated thereby, the court may decree such sale. Sec. 962. lf a sale be decreed, the costs of the suit shall be paid out Costs_ of the estate of the infant; otherwise the costs shall be paid by the r plaintiff _ n»id.,¤.6,p.c2·.. S20. 963. No sale of an infantfs real estate shall be decreed under the No me to be doprovisions of this chapter, if the testator from whom such estate is de- creed; when. rived shall, by his last will and testament, have expressly directed mq_ otherwise. Sec. 964. In no case shall the guardian or the guardian ad litem be Guardian not to admitted a purchaser at such sale, either by himself or through another, or in any manner whatever become the owner of the real estate during Ibid. the infancy of the ward. Sec. 965. All sales shall be made in such manner and upon such terms Manner of sale. of credit as the court may direct, always retaining a lien upon the Ibid_, ,_3_ ,,_622_ estate for the payment of the purchase-money. _ Sec. 966. The proceeds of sale shall be invested and applied for the Pr¤9¤¤¤¤gu{1 0 *3 benefit of the infant, either in the purchase of other real estate or ID 3i3x'" ““ such other manner as the court shall think best. •I·• Ip' Sec. 967. In whatever hands the proceeds of the sale may be placed, Qecuritytoberethe court shall require ample security that they  hall be faithfully QL applied in such manner as the court may direct. _ _ md. Sm. 968. If the infant, after any such sale, shall die intestate, under In cu, of t,,- the age of twenty-one years, the proceeds, or so much thereof as may fant’s death. remain at his death, shall be considered as real estate, and shall pass "*;"*Ib,d_’¤_5’P_62.,_ accordingly to such persons as would have been entitled to the estate if it had not been sold. BALB 0F ESTATE OF TENANTS FOB LIFE. Sec. 969. Where real estate is limited by deed or will to one or more Sdlagzbcréithzvg for life or lives, with a contingent limitation over to such issue of one 3:;-° or more of the tenants for life as shall be l1ving at the_death of their parent or parents, and the deed or will does not prohibit a sale, the 0 {63 :tp{¤I;P·u8. supreme court of the District may, upon tl}6_¤PPl1<=8|F19¤_0f W6 l>f5¤8¤l¤¤ 11g_ ’ ’ ’ for life, and if the court shall be of the opinion that it is expedient to do so, order a sale of suchfestate, and decree to the purchaser an abso-. lute and complete title in ee·simple. _ _ Sec. 970. Xpplication for the sale of such real estate shall be by bill in pr·:5i>U¤¤*i°¤ md equity, verified by the oath of the party or parties, in which all the facts 7m. shall be distinctly set forth, upon the existence of which it IS claimed rz s 11-8