Page:United States Statutes at Large Volume 31.djvu/1255

 F IF TY-SIXTH CONGRESS. Sess. H`. Ch. 85-1. 1901. 1203 advantageous to the parties, cause her dower to be laid off and assigned as aforesaid. If she will consent in writing to the sale of the property free from her dower, the court shall order the same to be sold free of her dower, and shall allow her, in commutation of her dower, such portion of the net proceeds of sale as may be just and equitable, not exceeding one—sixth nor less than one·twentieth, according to the age, health, and condition of the widow. Sec. 90. Wh€HcVc1‘ real property is decreed to be sold for the purpose; fDi¤‘§si0g1pf,pr0cieds of division of the proceeds between tenants in_common because the said iinesiiifmiiilhglii edifproperty is incapable of being divided between them in s ecie, the court may decree a sale of the property free and discharged from any right of dower by the wife of any of the parties in his undivided share. Sec. 91. Inmivrs AND rmzsons Nor: oomros MENTIS.—].f any infant m},Q§gg1Sg;¤<,;gg{gg¤S or person non compos mentis be entitled to any real or personal estate D " in the District which shall be liable to any mortgage, trust, or lien, or in any way charged with the payment of money, the court shall have the same power todecree in such case as if the infant were of full age or such person non compos mentis were of sound mind. Sec. 92. Where an infant or person non compos mentis is entitled §;°;§;°* Oi °°“" ‘° to any real or personal estate in the District bound by any executory ` contract entered into by the person or persons from whom said infant or person non compos mentis has derived title, or where an infant or person non compos mentis claims any right or interest in such property under and in virtue of any such contract, the court in either case shall have the same power to decree the execution of such contract or to pass any just and proper decree that the court would have if the parties were of full age and sound mind. Sec. 93. PAR.TITION.——Tl1€ court may decree a partition of any lands, P¤’““°¤· tenements, or hereditaments on the bill or petition of any tenant in common, claiming by descent or purchase, or of any joint tenant or ' coparcener who was such at the date of this code; or if it ap ear that —S*`*1°· said lands, tenements, or hereditaments can not be divided without less or injury to the parties interested, the court may decree a sale thereof and a division of the money arising from such sale among the parties, accordin to their respective rights; and this section shall apply to cases "°‘°°P€ of S°°“°“· where alfthe parties are of full age, to cases where all the parties are infants, to cases where some of the parties are of full age and some infants, to cases where some or all of the parties are non compos mentis, . and to cases where all or any of the parties are nonresidents; and any ***10 muyme bmparty, whether of full age, infant, or non compos mentis, may file a bill under this section, an infant by his guardian or prochein ami and a person non compos mentis by his committee; and if any contract has prg°g;t¤`%°;Sejg*§g}§L$€ been made for the sale of the lands, tenements, or hereditaments by .a.1‘imim., cfs. B any person or persons interested therein jointly or in common with any infant, idiot, or person non compos mentis, for and in behalf of all the persons so interested, which the court, upon a hearing and examination of all the circumstances, shall consider to be for the interest and advantage both of such infant, idiot, or person non compos mentis and of the other person or persons interested therein to becontirmed, the court may confirm such contract and order a deed to be executed according to the same; and all sales and deeds made in pursuance of such order shall be sufficient in law to transfer the estate and interest of such infant, idiot, or person non com os mentis in such lands, tenements, or hereditaments: Provided, That if the parties entitled as ggfgi mw unable heirs at law to the real estate of an intestate can not agree upon a wagrée on partition, partition thereof, or any of said parties be a minor, or the courts shall °t°' be of opinion that said estate can not be divided without loss or injury to the parties interested, before any sale shall be made thereof, the oldest son, child, or person entitled, if of age, shall have the election to take the whole estate and pay to the others their just proportions