Page:United States Statutes at Large Volume 31.djvu/1268

 1216 FIFTY-SIXTH CONGRESS. Sess. ll. C11. 654. 1001. by l1is oath, setting forth all the estate of said infant, real and personal, and all the fa.cts which, in his opinion, tend to show whether the infantk interest will be promoted by said sale or exchange or not. -—¤1¤¤iv¤¤¤¤¤- Sec. 157. The infant, together with those who would succeed to the estate if he were dead, shall be made parties defendant; and it shall be the duty of the court to appoint some fit and disinterested person to be guardian ad litem for the infant, who shall answer the bill under oath. The infant also, 1f above the age of fourteen, shall answer the bill in proper person, under oath. ··I>Y00f,¤@¤- Sec. 158. Every fact material to determine the propriety of such sale or exchange shall be clearly proved by disin Lerested witnesses, whose testimony shall be taken in writing in the presence of the guardian ad litem or upon interro atories agreed upon by him. —fS¤l€· Sec. 159. If the court shah be satisfied from the evidence that the interests of the infant require a sale or exchange, as prayed, and the rights of others will not be violated thereby, such sa e or exchange may be decreed, and the costs of the suit shall be paid out of the infant’s estate; otherwise they shall be paid by the complainant. "credit as the court may direct, and a lien slhall be retained on the prop-· erty sold for the purchase money; and the proceeds of such sale shall be invested for the infant’s benefit in other real estate or in such other manner as the court may direct; and if the infant, after any such sale, shall die intestate or under twenty-one years of age, the proceeds of such sale, or so much thereof as may remain at his ‘death, if not rein— vested in other real estate, shall be considered as real estate, and shall pass accordin ly to such persons as would have been entitled to the estate if it had not been sold. _ _ mggyjg ¤é>tul;;§‘;d {IQ Sec. 161. In decreeing an exchange of the infant’s estate for other quantity Ollsmmem. property the court shall not be bound to require equality or sameness in the quantity or character of the estate or interest, and the court may appoint trustees to execute the deeds necessary to carry such _ exchange into effect. €S§,§Q§O§§,,,§;{,§§;’,Qa’ Sec. 162. SALE or PARTICULAR Esrxra oa n1a11A1NDER.—Wherezrr» infant is entitled to a particular estate, as for life or years, and another person is entitled to an estate in remainder or reversion in the same property, or such other person is entitled to the particular estate and the infant is entitled in remainder or reversion or by way of executory _ devise, the court shall have the same power to decree a sale or exchange P"’""*"‘ as aforesaid, having reference solely to the interests of the infant: Pro- "’°“S"“‘ t"S““1"’°t°‘ vided, !1`he other person so interested will consent to such sale or exchange and execute the conveyances necessary to carry the same into edect. And the court shall direct the annual income from the fund or property acquired by such sale or_ exchange to be applied according to the interests of the respective parties. And in case of the death of said infant under twenty-one years of age the proceeds of any such sale not invested in real estate shall be deemed real estate and pass L f_ f L__ __ to those who would be entitled if the property had not been sold. ,,,,,§“° ° ‘“ ““ ° *’° Sec. 163. Lnlssn or rxraxcris ns·ra·rE_. -—In cases where 1t shall appear to the court, by proof taken IH a s1m1lar proceeding to that prov1ded for in the foregoing sections, that it will be to the advanta e of the infant that his real estate shall be demised, the said court shall have the power tqi dlqcree that thefsagie bq so demiged for gl term of ygars _ not to excee the minorit o the in ant, yie incr suc rents an on €§§’,@§§,’g U, 6,,0,,,,,, such terms and conditiong as the court may dirzctz Provided, That em- where the infant is entitled only to a part of the estate, as tenant of the part1cular estate, or remainder-man, or otherwise, all the other _ owners of the other interests assent to the passing of such decree. ,,,Q{§’,§fg“g""f‘“f“‘“iS Sec. 164. Mo1rreAen or INFAN'1`,S ESTATE.—·TIl cases where it shall appear to the court by proof, as provided in the foregoing section, that it would be for the beneiit and advantage of the infant to raise
 * £f;§°;§§i°“ of P"" Sec. 160. Any such sale may be made u on such terms as to cash and