Chapter 264. Conferring jurisdiction upon the supreme court of the District of Columbia, having general equity jurisdiction, to decree the sale, lease or surrender of any lease of real estate in said District, belonging to insane persons, for purpose of reinvestment, and for other purposes
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CHAP. 264.— An Act Conferring jurisdiction upon the supreme court of the District of Columbia, having general equity jurisdiction, to decree the sale, lease or surrender of any lease of real estate in said District, belonging to insane persons, for purpose of reinvestment, and for other purposes. February 19, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia.That where any insane person, lunatic, idiot, or person non compos mentis is or shall be seized or Sale of real property of lunatics on order of court.possessed of or entitled to any lands, tenements, hereditaments, or real estate whatsoever, or any right, title, or interest therein, legal or equitable, in possession, reversion, or remainder, or any right of dower inchoate or consummate, or right by the curtesy, it shall and may be lawful for a justice of the supreme court of the District of Columbia bolding an equity court, or any court in said District having general equity jurisdiction, upon the petition of the guardian or guardians, trustee or trustees, or committee of such insane person, lunatic, idiot, or person non compos mentis, and his or her appearance by guardian, to be appointed by the said justice or court aforesaid, and upon the hearing and examination of all the circumstances, and upon its appearing to the said justice or court aforesaid, as hereinafter provided, that it will be for the interest and advantage of such insane person, lunatic,FIFTY-FOURTH CONGRESS.
Sess. II. Chs. 264. 1897.537 idiot, or person non compos mentis to sell such lands, tenements, hereditaments, or real estate, or any part thereof, or any right, title, or interest therein, legal or equitable, to order the same to be sold upon such terms as the said justice or court may determine, with full powerDisposition of proceeds. and jurisdiction to control, govern, and direct the application of the money and proceeds arising from such sale or sales, and the interest thereof and the investment and reinvestment thereof as in the judgment of the said justice or court may seem proper in such funds, securities, loans, real estate, or the improvement thereof or in the improvement of other real estate belonging to said insane person, lunatic, idiot, or person non compos mentis by the erection and construction thereon of buildings and other improvements.
Sec. 2. That all sales made by the authority of the said justice orConfirmation of sale. court under this Act shall be reported to and confirmed by the said justice or court before any conveyance of the property shall be made, a lien shall be retained upon any real estate so sold to secure the unpaid purchase money, and bond with good and sufficient security, to beBond of trustee. approved by the said justice or court, shall be given by the person or persons empowered to sell the property as aforesaid to the United States of America for the due execution of the trust committed to him or them, which bond shall be lodged with the clerk of said court and be by him recorded among the records of said court, and an attested copy thereof, under the hand of said officer and under the seal of his court, shall be evidence in all courts in this District.
And upon anyActions on bond. breach of the condition of said bond an action may be maintained in the name of the United States of America by and for the use of any person or persons interested, either upon the original bond or upon a duly certified copy thereof, and judgment may be recovered upon such action for the damage actually sustained. Sec. 3. That the money and proceeds arising from the sales of saidInvestment of proceeds of sales. lands, tenements, hereditaments, or real estate whatsoever, or any right, title, or interest therein, legal or equitable, and also any funds, securities, loans, promissory notes, or bonds secured by deed of trust on real estate, or real estate in which the said money and proceeds arising from said sales shall be invested by and under the direction or authority of said justice of said court, except so much thereof as may have been previously applied under the order of said court or justice for the benefit of such insane person, shall, on the death of such insane person, lunatic, idiot, or person non compos mentis, be considered real estate and shall pass accordingly to such persons as would have been entitled to the estate if it had not been sold.
Sec. 4. That the said justice or court may order any real or leaseholdLeases. property of such insane person, lunatic, idiot, or person non compos mentis to be leased for any term of years, or may order the surrender of any lease of the estate or property of such person to be accepted and the same to be demised a new on such terms as the justice or court may direct. Sec. 5. That in all applications to sell the real or personal propertyApplications for sales, etc. of such insane person, or to demise the real or leasehold property of such person, or to accept the surrender of a lease thereof, the said justice or court shall, before passing a decree, have the appearance and answer of such person, as provided in section one, and have proof taken as in other chancery cases as to the expediency of sale, quantity, value, and condition of the property; and after considering all the evidence and circumstances, if the said justice or court shall deem it for the interest and advantage of such insane person, said justice or court may decree a sale, lease, or surrender of the whole or part of such property on such terms and conditions as the said justice or court may prescribe; but a decree for a sale for the payments of debts may be passed by saidPayment of debts. justice or court without being satisfied that such sale is for the interest and advantage of such insane person.
Sec. 6. That no sale, lease, or surrender of a lease of the property,Confirmation of sale, etc. real or persona), of such insane person shall be valid unless the same shall be reported to and confirmed by said justice or said court. 538 FIFTY-FOURTH CONGRESS. Sess. II. Chs. 264, 265. 1897. Sec. 7. Trustee’s commission.That it shall and may be lawful for the said justice or the court aforesaid to allow any trustee who shall make a sale of any real estate by virtue of this Act such commission as is usually allowed upon sales made under authority of the supreme court of the District of Columbia.
Approved, February 19, 1897.