St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07
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Il. F. No. 172.--AN ACT to provide for ths
mortgaging OF lands by executors and i'd
ministrators.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION 1. When the personsl estate n
deceased person Is insufficient to pay his
debts, with the charges Of administration.
and to pay any taxes assessments or other
charges which are an existing lien upon his
estate; or whenever the personal estate OF
such deceased person Is insufficient to pay
for any Improvements which are necessary.
for the preservation Of his real estate or any
part thereof, his executor or administrator
may mortgage his real estate for the purpose
OF obtaining funds for the payment Of Such
debts. charges, taxes, assessments or liens. OF
for the making Of such necessary improve
ments, upon obtaining license therefor, and
proceeding as herein provided.
SEC. 2. To obtain such license the execu-
tor or administrator shall proceed in the man
ner now provided by law for the obtaining Of
a license to sell real estate, and In his petit
ton the executor or administrator shall par
ticularly describe the tract or tracts which IL
Is proposed TO mortgage.
SEC. 3. Whenever it appears to The salts
faction OF the probate court that it IL neces-
sary for an executor or administrator 70
mortgage real estate for any Of the purposes
aforesaid, and that it will be for the benefit
of all persons interested, such license ahall
be granted, and the decree Of the court In
granting such license shall fix the amount
Tor which the mortgage may be given, and
the rate of interest which may b paid
thereon and for what purposes the money
shall be used.
SEC, 4. The probate court may In Ike
manner authorize an executor or administra-
tor to make an agreement for the extension
or the renewal OF an existing mortgage On
the estate Of deceased person.
SEC 5. No license to mortgage real estate
shall be granted to an executor or adm1n1str1e
tor until he shall have executed and fled With
10 nhoto hnf hon "a az NJ
pending, a bond with sufficient suret1es to be
approved by the probate judge, conditional
that he will apply the funds realized by such
mortgage to the purposes specified In the de-
SEC 6. This act shall take effect and b
in force from and after its passage.
Approved April %, 1889.
%.
Fl. ?. No. 1e6-AN ACT to Iegalize certain
conveyances of land within this state with
out any subscribing witnesses, and without
the power OF attorney OF person executing
the same or any part thereof being At
tached.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION /. That no deed or conveyance Of
land within this state heretofore executed,
either under the laws of the territory Of MIN
nesota or under the laws of the State Of Min
nesota, or under the laws Of any state or ter
ritory, shall be deemed invalid by reason OF
not having the signature Of any subscribing
witness thereto, and the power Of attorney
of the person or persons executing the same
Is not attached thereto and the same has
been executed for more than twenty years,
but they are hereby legalized and made
valid, as though executed in all respects In
accordance with the laws OF said territories
or states, and if otherwise properly acknowl-
edged and executed, shall be entitled to DO
recorded in the Office of the register Of deeds
of the county where said land is situated the
same as though it had the signatures Of two
subscribing witnesses, and the record thereof
shall be as effectual for all purposes a
though said deed or conveyance had been
executed with two subscribing Witnesses
and the power Of attorney of the person exc
cutting the same or any part thereof was ~
tached thereto.
Provided, That nothing herein contained
shall in any manner effect the rights OF title
of any bona fide purchaser without pstice
for a valuable consideration of any such real
estate prior to the passage Of this act and
shall not apply to or effect any action Or pro
ceedings now pending in any court 81 Aio
state.
SEC q The register Of deeds Of said NeFeH
county is hereby authorized and directed e6
record said indenture or deed In the records
Of said county as fully and with the sans
effect as though duly witnessed and In al
other respects duly executed.
SEC. 3. This act shall take effect and D n
force from and after its passage.
Approved April %, 1883.