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such restrictions and directions as the Chancellor shall order, and all sales, dispositions and conveyances, made in good faith by the guardian in pursuance and conformity to such order, shall be good and effectual in law and equity: provided however, that nothing in this act contained, shall authorize the sale or disposi tions of any lands or term against the provisions of any last will or conveyance.

That all sales and dispositions to be made in pursuance of this act, shall be reported on the oath of the guardian to the Chancellor, to be passed upon by him before a conveyance shall be executed; and if the sale or disposition is confirmed by the Chancellor, he shall make order for the investment and disposition of the proceeds of the same, so as to secure the same to the infant, in such way and manner, as may seem most for his or her benefit and advantage, and a return of such investment or disposition shall also be made to the Chancellor, on oath as aforesaid, as soon as conveniently may be.

That no sale of the real estate of any infant, in pursuance of the provisions of this act, shall give to any person any other or greater estate in the proceeds of such real estate, than he would have had provided the same had not been sold, but the said proceeds shall be considered relative to the statutes of descents and distribution, and for every other purpose as if the said real estate had not been sold. (c)

That in case the lands of any infant shall be subject or liable to Dower, and the person or persons entitled thereto shall consent to release such Dower, by the acceptance either of a gross sum in lieu thereof, or by the (c) Idem.

investment of a reasonable part of the purchase money, in such manner as that the interest thereof be made payable to the person or persons entitled to such dower, during the life of the person having the right of dower; then in either case it shall be lawful for the chancellor to direct the payment of a sum in gross to the person or persons entitled to such dower, or else to direct the investment of such sum as the chancellor shall consider reasonable, and as shall be acceptable to the person or persons entitled to dower, and thereafter such lands shall be freed and discharged from such claim or right of dower. (d)

the

2. Rule direct

A special rule has been made by the court to carry ing the mode this statute into effect: which rule provides, that for of proceeding. purpose of facilitating the appointment of guardians and other proceedings in behalf of infants, in the special case of an application to the chancellor for the sale of their lands, under the provisions of the above statute, the party acting in behalf of such infants, may previous to presenting a petition to the chancellor, apply to a master of this court, residing in any county of this state, who shall examine into the truth of the facts, on which the application is grounded, by ascertaining upon affidavit or other proof, the age of the infants, the amount or value of their personal estate, the situation, quantity, and value of their real estate, and the extent of the infant's interest therein; the facts and reasons rendering it necessary or advisable to sell the real estate or part thereof; the competency of the person or persons proposed as guardians; the names, descriptions, and competency of the security to be given by such guardians for the faithful performance of their trust; that the master making such inquiries shall,

(d) Idem.

3 Petition.

without any previous reference for that purpose, annex a report to the petition containing all those particulars, with his opinion thereon. That if upon the coming in of the petition and report, a sale of the infant's estate, in whole or in part, shall by the chancellor be deemed proper, the order to be entered thereupon shall, unless otherwise specially directed, be to the following ef fect. (f) (See this order, post p. 341.)

Form of Petition.

To the Honorable James Kent, Chancellor of the state of New-York :

The petition of A. F. of the city of New-York, respectfully sheweth, that she is the mother of C. F. and E. F. infants, under the age of twenty-one years; that the said C. F. is aged fourteen years, and that the said E. F. is aged sixteen; and that each of the said infants is entitled to a considerable personal estate, and to an undivided fifth part of a considerable real estate,subject to the right of dower of your petitioner A. F. and that the said real estate is situated partly in the city of NewYork, and partly at-in the state of New-York, and part of the said real estate consists of a certain house and lot of ground, (here describe the situation of the' house, and the advantages which would attend the immediate disposition of them.)

And your petitioner doth further shew that she is willing to release her right of dower to the said premises, upon these conditions, (here mention the conditions.)

And your petitioner doth further shew that I. K. and L. M. are offered as her securities for the just performance of her trust as guardian of the said infants, if she (f) Rule 88.

shall be appointed guardian for the sale of the said premises; that the said I. K. and L. M. are possessed of a considerable real and personal estate; that they are of full age, and are fully adequate to become securities to the full value of the said infant's interest in the premises before mentioned.

And your petitioner doth further state, that it would be conducive to the interest of the said infants that the said premises should be sold, and therefore prays, that a sale of the said premises may take place in such manner as your honor may please to order; and your honor may make such other and further order in the premises as to your honor shall seem meet, and your petitioner will ever pray, &c. A. F.

State of New-York, ss:

Affidavit.

A. F. The above petitioner being duly sworn, saith, that the facts contained in the said petition, stated and set forth, are true, and further the deponent saith not.

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By virtue of an application, made to me I. H. one of the Masters in Chancery for the state of NewYork, by the petitioner named in the petition hereunto annexed, marked A. and forming a part of this my report, in pursuance of an act entitled an act in addi tion to an act concerning infants, passed 24th of March, 1815, having examined into the truth of the facts upon

4. Master's report.

which the application is grounded, I do report as follows: I have ascertained by the affidavit of A. N. hereunto annexed, marked B. and forming a part of this my report, that C. F. and E. F. mentioned in the annexed petition, are the children of I. F. deceased, that the said C. F. is about 14 years of age, and the said E. F. about 16 years of age; that each of said infants is entitled to a very considerable personal estate, and to the undivided 5th part of a considerable real estate, subject to the right of Dower of the said petitioner A. F. and that the said real estate is situated partly in the city of New-York, and partly at-in the state of New-York. And I do further report that one part of the said real estate consists of that certain lot piece or parcel of land, (here describe the situation of the house, &c. and set forth the particular circumstances which render a sale of the premises desirable ;) that the said premises are worth about the sum of $

That the said A. F. is willing to release her right of dower to the said premises, upon the following conditions; (here mention the conditions)—that I. K. and L. M. are offered as securities of the said petitioner, and for the just performance of the trust as guardian of the said infants for the sale of said premises, that the said I. K. and L. M. are fully adequate and competent to become securities to the full value of the interest of the said infants, in the premises herein before mentioned.

And I the said master do further report that upon the facts in the petition stated and set forth, it would in my opinion be conducive to the interest of the said infants, that the said premises herein before mentioned and in the said petition more particularly described,be sold. All which is respectfully submitted.

I. H. Master in Chancery.

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