said dwelling-house and lot of ground, and premises, of a good, pure, perfect and indefeasible estate of inheritance in fee-simple, without any manner of condition or limitation of any use or uses, or any other matter, cause or thing whatsoever, to determine, alter, defeat or charge the saine, except so far as the same are subject to the right of dower of the said A. F. and which is herein before and hereby by her released. And the said A. F. doth for herself, her heirs, executors and administrators, covenant, promise and agree, to and with the said S. C. his heirs and assigns, that the said A. F. hath not knowingly or willingly done or suffered any act, deed, matter or thing, whereby, or by means whereof the said above granted premises, or any part thereof, is, or may in any way be incumbered in title, charge, estate or otherwise; and lastly, the said parties of the first part for themselves respectively, and for their and each of their heirs, executors and administrators, and all and every other person and persons lawfully claiming, or that may claim any estate, right, title or interest, of in or to the said herein before granted premises, and every part and parcel thereof, by, from, or under them, shall and will from time to time, and at all times hereafter, upon the reasonable request and at the proper costs and charges in the law, of him the said S. C. his heirs and assigns, make, do, and execute, or cause to be made, done and executed, all and every such other and further lawful and reasonable act and acts in the law whatsoever, for the further and more perfect, absolute and satisfactory vesting, conveying and confirming the said hereby released dwelling-house, and lot, piece or parcel of ground, and every part and parcel thereof, with their

11. Report

ment.

and every of their appurtenances unto the said S. C.
his heirs and assigns in fee-simple, as by the said S. C.
his heirs and assigns, or his or their counsel learned in
the law, shall be reasonably advised or required. And
each of them, the said M. F. H. F. and G. F. sepa-
rately, and not jointly, or the one for the other, and
their heirs, the one equal undivided fifth part respec-
tively of the above granted and described premises,
and every part thereof, with the appurtenances, unto
the said S. C. and his heirs, against the said M. F. H.
F. and G. F. respectively, and their heirs, and against
all persons whomsoever, shall and will for ever warrant
and defend. In witness whereof, the parties to these
presents, have hereunto interchangeably set their hands
and seals, the day and year above written.
Sealed and delivered

in the presence of S

Guardian's report of the investment of the proceeds: she being entitled to dower.

In Chancery.

In the matter of A. F. guar-
dian of C. F. and E. F.
infants.

day of

In pursuance of the order of this honorable court, of the invest-made on the whereby it is ordered, as by reference thereunto will appear, I, A. F. the guardian therein mentioned of the infants C. F. and E. F. do report: That pursuant to the directions of the said order, I have invested the sum of $ interest, on good bond and mortgage on property situated in the city of New-York, for the benefit of the said infants, which sum was the whole amount of the

at

said infant's proportion of the proceeds of the sale of the said premises, after the payment of the expenses thereof, and of the application to this court, the said infants not wanting immediately any part of such proceeds for their maintenance or education, and that I have joined in the sale and conveyance of the said premises in my own right, and have released my right of dower to the same; and that I have also invested, on good real security as aforesaid, one-third part of the whole purchase money as an equivalent for my said right of dower in the said premises, to the end, that the interest thereof may be received by me, during my natural life.

Sworn, this

day

A. F. 1818, before me, I. H. Master in Chancery.

IV. Of selling the real estate of infants under the act of

April 9th, 1814.

Special Contents.

1. Chancellor may direct sales of the real estate of infants for their maintenance, &c.

II. If infants hold in common, &c. how partition made.

The proceedings detailed under the preceding head are all under the act which is entitled, "An act, in addition to the act concerning infants," passed March 24th, 1815; which statute was intended to vest the Chancellor with power, to direct the sale of infants' property in all cases when the interest of the infants would be thereby promoted. The "Act concerning

their mainte

sance, &c.

infants," passed in April, 1814, was more limited; it authorized the Chancellor to direct the sale of infants' property in the special cases, when it is necessary for their maintenance or education, or when the infant holds such property in conjunction with other persons in joint-tenancy, coparcenary or tenancy in common : 1. Sale of in- that act provides, (a) that it shall be lawful for the fants estates for Chancellor, on the petition of any infant, by his or her next friend, or of the guardians of such infant, for that purpose, setting forth the grounds and reasons of the application, if upon the whole matter he shall think it necessary and proper for the maintenance or education of such infants, in a summary way, to direct a sale of all, or so much or such part of the real estate of such infant as the Chancellor shall deem proper, and to take order for the disposal, appropriation and investment of such sales, and for securing the same, and the due appropriation and disposition thereof, and of the produce and proceeds thereof-and the costs upon any application to be made to the Chancellor, under this section, shall not exceed twenty-five dollars.

2. Partition

hold in com.

mon, &c.

That in case any infants shall hold any real estate in when infants joint-tenancy, coparcenary, or in common, and the interest of such infant, or any person concerned therein, shall require a partition of such estate; then it shall be lawful for the guardian or guardians of such infant, by and with the consent and approbation of the Chancellor, to agree to a division thereof, or to a sale of such estate, or such part thereof as in the opinion of the Chancellor shall either be incapable of partition, or shall be most for the interest of such infant, that a sale thereof should be made, and thereupon to execute

(a) Laws, 37th Sess. ch. 108. 3 Vol. 128. b.

deeds or releases of the right of such infants to the part or parts falling to the share of the other joint-tenants, coparceners, or tenants in common, which deeds or releases shall be valid in law, to convey the share and part of such infant: Provided, that no deed or release shall be executed by any such guardian by virtue of this act, until after a report shall be made to the Chancellor of such sale or partition, and the same be approved and confirmed by him.