The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-06-17

, it shall be competent for the courts 0
common pleas Of this state, OH appiiea
tion Of tho first doneo in tail, Or 70
life, to authorize the sale Of. entailed es
tates for life with remainder over :,
any, other person or persons, when sat
isfied that the sale would be for the ben
\ eft of ttc'applicant, and nosuhstantia
injury the to heirs in tail, or others ir
succession, reversion or romaider.
15Sec. 2. Tho petition shall contain a
I description of the estate to be sold, a
clear. statement Of the interest Of the
petitioner therein, and a copy Of the
will, deed or othsri nstrument Of wri
ting by which the estate is'creatcd.v All
persons in being who may, by the term
4 Iof the will, deed Or other instrument
4 creating the entailment, thereafter be.
come in nterested tn hereinlas heir rever.
fsioner or otherwise, shal be made par-
tiesto the petition, and If the names oi
any persons who ought to bemaslo par,
ties are unknown to the petitionos, sor
II theresidence Of any such party IL
unknown to the petitioner the fact
shall bo verified by the affidavit Of the
petitioner, and the sale e'may be ordered
Notwithstanding such names and resi-.
dences may be unknown. The same no.
tice shall be given to defendants, of the
application forthe sale, as now is or may
hereafter be required In cases of petit
tions Of administrators for authority
to sell real estates for the paymorft Of
debts. rj 'lla. q. rtil' l-f' 3tl -
a Sec. 8. If, upon the hearing Of the
petition, it shall be made to appear to
tho court by satisfactory proof that u
sale of the estate would be for the ben-
eft of the first donee in tail, or for life,
and do no substantial injcry to tho heirs
In tail, or others in succession, rever-
sion, or remainder, the court shall direct
sale of the estate, to. be made, and tho
marrcr thereof; and shall a2pointsomo
suitable person or persons tos1nake the
same; and such sale shall vest 1.-THE estate
sold in the purchaser, freed from the en-
tailment or limitation over. i .i- .aal
See. A. N ALI parties in Interest may
s'pear voluntarily and consent in wri-
ting to such, sale, and testamentary
guardian, and guardians appointed by
the court of probate, may assent In the
place of their wards to the sale. s'sd
Sec. 5. All such sales shall be re-
ported to the court authorizing the
same, aud if, on examination thereof,
it shal. appear that such sale has been
fairly conducted and made, and that the
price obtained is the reasonable value
of the estate sold, the court shall cons
firm the sale and authorize and direct
deed of conveyance Of the premises
sold, to be made to the purchaser or
purchasers on paymontof theipurchaso
money, OR on, securing the payment
thereof in such manner as shall be APPS
proved BY, tho court. fmaef ~ 'ea
Sec. 6. All moneys arising from
salcs under this act shall, for purposes
of decent, succession, reversion, or re.
mainder, have the same character, and
be governed by the same principles, as
the estate rold, and shall pass, accord
ing to terms of the deed, will, or other
instrument creating the estate. t7a.
Sec. z. Moneys arising from such
sales shall, under the direction and APP
proval of the court, be invested in the
certificates of the funded debt of this
state or Of the United Statos,. or In
bonds secured by mortgage on unin-
numbered cal estate; situated in the
proper county, of double the value of
the moneys secured thereby, exclusive
Of buildings and other improvements,
and of timber, mines and minerals. The
court shailappoint competent trustees
to invest the moneys aforesaid, and
manage the same, who shall, from time
to time, report to the court their pro-
coedings and the condition of the fund;
and tho court shall require of such !
trustees security for the faithful dis.
charge of their duty; may, from time
to time, require additional security and
may remove such trustees for cause
8 h own, or reasonable apprehension
thereof may accept the resignation of |
q trustee, and fill vacancies BY new ap-
Sec. s. The net income aceruing
from sales authorized by this act, shall
be paid to the person or persons who
would be entitled to the use or income
Of the estate were the same unsold; and
all taxes, and the expenses Of the invest
ment and management of the fund shall
be paid by the person or persons enti-
tied to the income thereof a -rh|
Sec. 9. Upon like proceedings, as
hereinbefore authorized, the court may,
IN their discretion, authorize and d.
rect that such estates be leased for
Term Of years, renewable or otherwise,
ls may appear most beneficial, and up.
On such to, ms as may appear just and
,auitable, the rents and profits to be II