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SEC. 3. Every such conveyance shall be presumed fraudulent as against the creditors of the person paying the consideration therefor; and where a fraudulent intent is not disproved, a trust shall, in all cases, result in favor of prior creditors to the extent of their just demands; and also in favor of subsequent creditors, if there be sufficient evidence of fraudulent intent.

SEC. 4. The provisions of the section next before the last shall not extend to cases where the alienee shall have taken an absolute conveyance in his own name, without the consent of the person with whose money the consideration was paid; or where such alienee, in violation of some trust, shall have purchased the land with moneys not his own, or where it shall be made to appear that by agreement, and without any fraudulent intent, the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land, or some interest therein, in trust for the party paying the purchase money, or some part thereof.

SEC. 5. No person who shall in good faith pay money to a trustee authorized to receive the same, shall be responsible for the proper application of such money; nor shall any right or title derived by him from such trustee in consideration of such payment, be called in question in consequence of misapplication by the trustee of such money.

SEC. 6. Upon the death of a sole or surviving trustee of an express trust, the same shall vest in the circuit court, and such court shall forth with appoint a successor in whom the trust shall vest.

SEC. 7. Upon petition of any trustee of an express trust, the circuit court may accept his resignation, and discharge him from the trust, upon such terms as the rights of the persons interested in the execution of the trust may require.

SEC. 8. Trustees having violated, or attempted to violate, any express trust, or becoming insolvent, or of whose solvency, or that of their sureties, there is reasonable doubt, or for other cause, in the discretion of the circuit court, may, on petition of any person interested, after hearing, be removed by such court, and all vacancies in express trusteeships may be filled by such court.

CHAPTER 67.

OF THE ACCUMULATION, SUSPENSION OF OWNERSHIP, AND JOINT TENANCY OF PERSONAL PROPERTY; AND LIMITATIONS OF REAL ESTATE.

5.

SECTION

1. How long ownership of personal property may be suspended.

2. When the accumulation of interest to be valid.

3. Minor may have allowance for support. 4. Rights of survivor of persons holding in joint tenancy.

Limitations of real estate; how far valid.

SECTION

7. Real estate limited in certain way may be sold.

8. Proceedings therefor.

9.

10. Sale not to be ordered if prohibited by deed or will.

11. Conveyance ordered to purchaser.
12. Proceeds of sale; how invested and dis-
posed of.

SECTION 1. No limitation or condition shall suspend the absolute ownership of personal property longer than till the termination of lives in being at the time of the execution of the instrument containing such limitation or condition; or, if in a will, of lives in being at the death of the testator.

SEC. 2. Any provision for the accumulation of interest, or income of money, or other personal property, by any conveyance or will, shall be void, except as follows:

1. If the accumulation be directed to commence from the date of the instrument, or the death of the person executing the same, it may be for the benefit of one or more minors then in being, or in being at such death, and to terminate at the expiration of their minority.

2. If the accumulation be directed to commence at any period subsequent to the death of the person executing such instrument, it may be within the time allowed in the first section of this chapter for the suspension of ownership, and at some time during the minority of the persons for whose benefit it is intended, and must terminate at the expiration of their minority. Any provisions for accumulation beyond the minority of such persons shall be void only as respects the time beyond such minority.

SEC. 3. If a minor for whose benefit such accumulation may have been directed shall be destitute of means of support or of education, the circuit court may, on complaint of such minor or his guardian, cause a reasonable sum to be taken from such accumulation for his support or education, or both.

SEC. 4. The survivor of persons holding personal property in joint tenancy shall have the same rights only as the survivor of tenants in common, unless otherwise expressed in the instrument.

SEC. 5. The absolute power of aliening lands shall not be suspended by any limitation or condition whatever contained in any conveyance or devise, for a longer period than during the existence of a life or any number of lives in being at the creation of the estate conveyed or devised, and therein specified, with the exception that a contingent remainder in fee may be limited on a prior remainder in fee, to take effect in the event that the person to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such person may be determined before he attains full age.

SEC. 6. Where a remainder for life shall be limited on any other than a life or lives in being at the creation of such estate, all the life estates subsequent to those persons entitled to take life estates according to the provisions of the preceding section, shall be void; and upon the death of those persons entitled to take, the remainder shall take effect, in the same manner as if such void estates had not been created.

SEC. 7. Where real estate is limited by deed or will to one or more for life or lives, with a contingent limitation over to such issue of one or more of the tenants for life as shall be living at the determination of the estate for life or for lives, the circuit court may, upon the application of the tenants for life, and proof that a sale is expedient, and that it will not be to the prejudice of any interested, order a sale of such real estate.

SEC. 8. The application for such sale shall be made by petition, verified by the oath of the party, in which shall be stated all facts showing the expediency of such sale. Such of the issue contemplated by the limitation as shall be in existence at the time of such application shall be made defendants, together with all who would take the estate in case the limitation over should never vest. If any be minors, guardians ad litem shall be appointed, who shall answer on oath, and any minors above the age of fourteen years shall answer, in proper person, in like manner.

SEC. 9. Whether the answer to the petition admit the facts alleged or not, the court, before it orders a sale, shall require every fact which

CHAPTER 67.

OF THE ACCUMULATION, SUSPENSION OF OWNERSHIP, AND JOINT TENANCY OF PERSONAL PROPERTY; AND LIMITATIONS OF REAL ESTATE.

5.

6.

SECTION

1. How long ownership of personal property may be suspended.

2. When the accumulation of interest to be valid.

3. Minor may have allowance for support. 4. Rights of survivor of persons holding in joint tenancy.

Limitations of real estate; how far valid.

SECTION

7. Real estate limited in certain way may be sold.

8.1

Proceedings therefor.

9.

10. Sale not to be ordered if prohibited by deed or will.

11. Conveyance ordered to purchaser.
12. Proceeds of sale; how invested and dis-
posed of.

SECTION 1. No limitation or condition shall suspend the absolute ownership of personal property longer than till the termination of lives in being at the time of the execution of the instrument containing such limitation or condition; or, if in a will, of lives in being at the death of the testator.

SEC. 2. Any provision for the accumulation of interest, or income of money, or other personal property, by any conveyance or will, shall be void, except as follows:

1. If the accumulation be directed to commence from the date of the instrument, or the death of the person executing the same, it may be for the benefit of one or more minors then in being, or in being at such death, and to terminate at the expiration of their minority.

2. If the accumulation be directed to commence at any period subsequent to the death of the person executing such instrument, it may be within the time allowed in the first section of this chapter for the suspension of ownership, and at some time during the minority of the persons for whose benefit it is intended, and must terminate at the expiration of their minority. Any provisions for accumulation beyond the minority of such persons shall be void only as respects the time beyond such minority.

SEC. 3. If a minor for whose benefit such accumulation may have been directed shall be destitute of means of support or of education, the circuit court may, on complaint of such minor or his guardian, cause a reasonable sum to be taken from such accumulation for his support or education, or both.

SEC. 4. The survivor of persons holding personal property in joint tenancy shall have the same rights only as the survivor of tenants in common, unless otherwise expressed in the instrument.

SEC. 5. The absolute power of aliening lands shall not be suspended by any limitation or condition whatever contained in any conveyance or devise, for a longer period than during the existence of a life or any number of lives in being at the creation of the estate conveyed or devised, and therein specified, with the exception that a contingent remainder in fee may be limited on a prior remainder in fee, to take effect in the event that the person to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such person may be determined before he attains full age.

SEC. 6. Where a remainder for life shall be limited on any other than a life or lives in being at the creation of such estate, all the life estates subsequent to those persons entitled to take life estates according to the provisions of the preceding section, shall be void; and upon the death of those persons entitled to take, the remainder shall take effect, in the same manner as if such void estates had not been created.

SEC. 7. Where real estate is limited by deed or will to one or more for life or lives, with a contingent limitation over to such issue of one or more of the tenants for life as shall be living at the determination of the estate for life or for lives, the circuit court may, upon the application of the tenants for life, and proof that a sale is expedient, and that it will not be to the prejudice of any interested, order a sale of such real estate.

SEC. 8. The application for such sale shall be made by petition, verified by the oath of the party, in which shall be stated all facts showing the expediency of such sale. Such of the issue contemplated by the limitation as shall be in existence at the time of such application shall be made defendants, together with all who would take the estate in case the limit on over should never vest. If any be minors, guardians ad litem shall be appointed, who shall answer on oath, and any minors above the age of fourteen years shall answer, in proper person, in like manner.

SEC. 9. Whether the answer to the petition admit the facts alleged or not, the court, before it orders a sale, shall require every fact which

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