Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-06-21
April 4, 1859.

mo. 1871 AN ACT
TO provide for tho sale lease of estates tail in
tain cases.
Sect ion |. Be IL enacted by the General Assembly
Of the State of Ohio, That II shall competcnt
courts of common pleas Of this state, on application
of the first donee in TAIL for life, to authorizes
sale Of entacd estates, and estates for life with
mander over TO an! other person or persons, when
satisfied that the sale would be for the beueHt of the
applicant and do substantial injury the heirs in
ta, Others in succession, reVersIon remainder.
Secs 3 The petition shall contain a description OF
the estate TO be sold clear statement of the inter-
est of the petitioner therein, and copy the Will,
deed or other instrument of writing by which the
tate is created. Al persons in being who may be
Interested in the estate, or who may, by the of
the Will, deed other instrument creating the en-
talment, thereafter become Interested therein as
heir, reversOner otherwise, shall be parties
10 the petition and If the of any persons who
ought to be made parties are unknown to the ptti-
toner, or il the residence of any such party is
known TO the petitioner. the fact shall b. verified by
the affidavit OF the petitioner, and the sale may he
ordered Notwithstanding such names and residences
TO defendants, of the application for the SALE
is may hereafter be required in cases of petitions
of administrators for authority to sell real estate for
See. 3. If, upon the hearing of the petition. it shall
be made to appear to the court by satisfactory proof,
that sale of the estate would be for the benefit of
the first donce in tail, for life, and do substan
,tia injury the heirs i'll tail, others in succession,
rcversOn, remainder, the court shall direct sal
of the estate to be made, and the manner thereof;
and shall appoint some suitable person or persons to
make the same; and such sale shall vest the estate
sold in the purchaser, freed from the entalmcnt or
lldtaten over.
e
tariy and in writing To suCh sale, and testn
memtary guardians, and guardians appointed 10y the
cour! Of probate, may assent in the place of their
wards to the sale.
Sec s. All such sales shall be reported the
authorizing the same, pnd #, examination thereof
it shall appear that such sale has been fairly condUc
made, and that the price obtained is the
snnable value of the estate so the court shall con
firm the sale and authorize aud direct deed Of con
veyance of the premises sOld to be made to the pur
money or on securing the payment thereof, in such
manner as shall he approved 10y the court.
Sec. q. All moneys arising from sales under this
act SHALL Tor purposes of descent succession, rever
sion, remainder, have the same character, aud be
governed by the same principles rs the estate sold
aud shall pass, !Ordng to the terms of the deed
will, or other instrument creating the estate.
Sec. = Moneys arising fro such sales shall. unde
the direction aud approval Of The court he invested
in the certificates of the funded debt Of this statc o
on unincumercd real estate, situated in the prope
county, of double the value of the moneys secure,
thereby exclusive OF buildings aud other improve
mcnts,and of timber, mines and minerals. The cour
shall appoint competent trustees % invest the mo
ncys aforesaid, and manage the same, who shall from
time 10 lme, report 10 lhc court their proceeding
and the condition Of the fund; and tho court stu
require Of such trustees security for the faithful dis
qurc additional security, and may remove sucl
trustees for cause shuwu reasonable apprehension
thereof; may accept the resignation Of trustee, anC
fill vacancies Jy new appointment.
Sec &. The nett Income accrung from sales au
persons who wpld be entitled to the use or income
Of the estate werSSIe same uusold; and all taxes
and the expenses df1hc investment and management
OF the fund, shall be inid hK the person person
entitled to the income here16e
Sec. 0. Upon like ncNedln1sSas herenbefore au
thorizcd, the court may, iHabcr dscrction, author
ize and direct that such estnt tvae ensed for term o
years, renewable or 0thorwis9s<as~may appear mos
beneficial and upon such terms M,mEy appear JUS
and equitable the rents and profits 70 be paid to th
person or persons who might ut herwise be entitled
the use and occupancy Of the estate, or incom
thereof
See. 10. he costs Of the pc tion and sale lc
shall be paid by lhc person persons entitled to IL
income aforesaid.
See. II. This act shall take ef9ct on its passage.
WILLIAM B. " GODS,
Speaker of the House uf Representatives.,
MARTlN WELkER,
President Of the Senate.