productive; or for the purpose of raising funds to preserve or improve the same; or for other peculiar reasons, or on account of other peculiar circumstances. 3. Where an action might be maintained, against the infant or incompetent person, to procure a judgment, directing the conveyance of the real property, or interest in real property, as prescribed in sections 2345 and 2346 of this act. 2 R. S. 194, 195, 22 167, 170, 175 (2 Edm. 202, 203); 2 R. S. 53-55, 88 11, 16, 19, and 22 (2 Edm. 55 and 56); L. 1864, ch. 417, 82 1 and 5 (6 Edm. 291); L. 1869, ch. 627 (7 Edm. 463); L. 1870, ch. 37 (7 Edm. 584); also, L. 1874, ch. 446, 38, and id., 22 6, 9, 17, and 23 (9 Edm.929, 933), amended; L. 1875, ch. 574, 86, and L. 1876, ch. 267, 2; see Jenkins v. Fahey, 73 N. Y. 355: Mat ter of Valentine. 72 id. 184; Matter of Haight, 14 Hun, 176; Muller v. Struppman, 6 Abb. N. C. 343; Matter of Turner, 10 Barb. 553; Wood v. Mather, 38 id. 473; Ex parte Whittaker, 4 Johns. Ch. 378; Ex parte Mason, 1 Hopk. Ch. 122; Ex parte Jones, 2 Barb. Ch. 22; Rogers v. Dill, 6 Hill, 415; Onderdonk v. Mott, 34 Barb. 106. 2349. Id.; by whom.- An application, in either of the cases prescribed, in the last section, must be made by the petition of the general guardian, or the guardian of the property of the infant; or by the committee of the property of the lunatic or other incompetent per son; or by any relative, or other person, in behalf of either. Where the application is in behalf of an infant of the age of fourteen years or upwards, the infant must join therein. Where the application is made to the supreme court, the petition must be presented at a term held within the judicial district, in which the property, or a part thereof, is situated. Id., R. S., and laws as in last section. O'Reilly v. King, 28 How. 109; In re Whitlock, 10 Abb. 316; s. c., 32 Barb. 48; 19 How. 380; Matter of Bookhout, 21 Barb. 348; Matter of Lansing, 3 Paige, 265; Cole v. Gourlay, 9 Hun, 493; Cohn v. Lippman, 2 Law Bull. 45. § 2350. Contents of Petition.-The petition must be verified in like manner as a verified pleading in an action in the supreme court. It must set forth the grounds of the application; and in a case specified in subdivisions first and second of the last section but one, other than a case where the application is made for the sale of an undivided interest of the infant or incompetent person in one or more parcels of land in order to avoid an action of partition on the part of his cotenants, it must also state the particulars and value of the real and personal property, and the amount of the income of the infant or incompetent person; the disposition which has been made of his personal property, and an account of the debts or demands, if any, existing against his estate. In the case above specified where the application is made for the sale of an undivided interest of the infant or incompetent person, the petition must state the particulars and value of the real property in respect to which a sale is desired. In effect April 5, 1893; Laws 1893, ch. 311. 2351. Bond of committee of lunatic, etc.-An ap plication to sell, mortgage, or lease real property, or an interest in real property, of a lunatic, idiot, or habit ual drunkard, cannot be granted, unless a committee of his property has been appointed. Upon such an application, if it is made by the committee, the court must make an order, directing him to file with the clerk, a bond, in such a form, in such an amount, and with such sureties, as it directs, conditioned for the faithful dis charge of his trust; for the paying over and investing of, and accounting for, all money received by him in the special proceeding, according to the direction of any court having authority to give directions in the prem ises; and for the observance of the directions of the court, in relation to the trust. If the application is made by any other person, an order must be made thereupon, requiring the committee to show cause why he should not file such a bond. If, after hearing the committee, the court is of opinion, that there is probable cause for granting the application, it may make an or der, requiring the committee to file such a bond; or, if the committee so elects, or fails to file the bond as directed in the order, it may appoint a suitable person to be the special guardian of the incompetent person, with respect to the proceedings; who must thereupon file such a bond. Where an application is made to release an inchoate right of dower, application must be made by the husband of the lunatic, idiot or habitual drunkard and may be made before or after a committee has been appointed. The court may appoint the husband special guardian, and he must file a bond as herein provided. In effect as amended May 6, 1893; Laws 1893, ch. 239. § 2352. [Amended, 1893.] Id.; of guardian of infant.-Upon an application to sell, mortgage or lease real property or an interest in real property of an infant, the court must appoint a suitable person to be the special guardian of the infant with respect to the proceedings, who must thereupon file with the clerk a bont as prescribed in the last section. Any trust company authorized by the laws of this state to act as general guardian of the estate of an infant without giving security may be appointed such special guardian and in such case the court in the order of appointment may dispense with the giving and filing of any such bond. In effect April 4, 1893; Laws 1893, ch. 268. 2353. Bond; how prosecuted.-Upon a breach of the condition of a bond, given as prescribed in either of the last two sections, the court must direct it to be prosecuted for the benefit of the person injured. § 2354. [Amended, 1893.] Reference to inquire into the application.-Upon the presentation of the petition, and the filing of the bond, where the filing of such a bond shall be necessary, the court must make an order appointing a suitable person a referee to inquire into the merits of the application. The referee must examine into the truth of the allegations of the petition; hear the allegations and proofs of all persons interested in the property, or otherwise interested in the application; and report his opinion thereupon, together with the testimony, with all convenient speed. In effect April 4, 1893; Laws 1893, ch. 268. § 2355. [Amended, 1893.] Final order.-Upon the filing of the referee's report, and after examining into the matter, the court must make a final order upon the application. In a proper case a final order, confirming the referee's report, must direct that the real property or term, estate or other interest in real property or a part thereof or an inchoate right of dower therein, as is necessary, or as justice requires, be mortgaged, let for a term of years, sold, released or conveyed by the special guardian, appointed as prescribed in this title, or by the committee of the property of the lunatic or other incompetent person. The final order must also contain such directions, respecting the time, manner and conditions of the sale, release or conveyance directed thereby, as the court thinks proper to insert therein. In effect May 6, 1893; Laws 1893, ch. 639. § 2356. [Amended, 1893.] Report of sale, etc. -Before a sale, mortgage, release, or lease can be made pursuant to the final order, the special guardian or the committee must enter into an agreement therefor, subject to the approval of the court; and must report the agreement to the court under oath. Upon the confirmation thereof by the order of the court, he must execute, as directed by the court, a deed, mortgage, release or lease. Where the final order directs the execution of a conveyance in the first in. stance, for the purpose of fulfilling a contract, or be. cause the property is held by way of mortgage, or in trust only, the guardian or committee, executing the Conveyance, must report the conveyance to the court, under oath. In effect May 6, 1893; Laws 1893, ch. 639 § 2357. Certain sales, etc. prohibited. Real property, or an interest in real property, shall not be sold, leased, or mortgaged, as prescribed in this title, contary to the provisions of a will, by which it was dev sed, or of a conveyance or other instrument, by which i was transferred, to the infant or incompetent person. § 2358. [Amended, 1893. Effect of convey ance, etc.-A deed, mortgage, release from inchoate right of dower, or lease, made in good faith, as prescribed in this title, either upon an application in behalf of the infant or an incompetent person, or pursu ant to the directions contained in a judgment rendered against him, has the same validity and effect, as if executed by the person, in whose behalf it was executed, and as if the infant was of full age or the lunatic, idiot, or habitual drunkard was of sound mind and competent to manage his or her affairs; and a release of an inchoate right of dower as authorized by this title shall have the same effect as if the wife had joined with the husband in a deed or conveyance of the property affected thereby and had duly acknowledged the same in the manner required by law to pass the estate of married women. In effect May 6, 1893; Laws 1893, ch. 639, § 2359. [Amended, 1892.] Proceeds of sale deemed real property.-A sale of real property, or of an interest in real property, of an infant or incompetent person, made as prescribed in this title, does not give to the infant or incompetent person, any other or greater interest in the proceeds of the sale, than he or she had in the property or interest sold. Those proceeds are deemed property of the same nature, as the estate or interest sold, until the infant arrives at full age, or the incompetency is removed. If the infant should die before arriving at full age, or the incompetent person should die be fore the incompetency is removed not leaving any personai property or not leaving sufficient personal property to pay funeral expenses and expenses that may be necessary or neces sarily incurred, then in either or each case the proceeds are to be deemed personal property so far as may be necessary to pay the funeral and other necessary expenses. The proceeds are to be paid upon order of the surrogate's court or court having jurisdiction of the estate of the deceased, to an administrator appointed by the surrogate to administer upon decedent's estate, and after paying all funeral expenses and expenses of administration and any indebtedness, the remainder, if any there be, shall upon the order of the surrogate, be paid into the hands of the trustee who held the same, to be distributed as the law directs. This act is to include the said proceeds of any infant or incompetent person that has died prior to this amendment, the proceeds now remaining in the hands of a trustee. [In effect May 12, 1892.] § 2360. Infant deemed a ward of court. - From the time of the filing of a petition, by or in behalf of an infant, praying for an order directing a conveyance, or a sale, mortgage, or lease of his real property, or of an interest in real property, the infant is considered a ward of the court, with respect to that real property or interest, and the income and proceeds thereof. § 2361. [Amended, 1893.] Disposition of proceeds: accounting.-The court must, by order, direct the disposition of the proceeds of such a sale, mortgage or lease It must direct the investment of any portion thereof belonging to the infant or incompetent person, which is not needed for the payment of debts, or the safe keeping, or the immediate maintenance and education, of himself or his family, or for the preservation or improvement of his real property or his interest in real property. It must require a report, under oath, of the disposition and investment thereof, to be made as soon as practicable, and must compel periodical accounts to be rendered thereafter, by each person, who is intrusted with the proceeds, or any part thereof. Where an inchoate right of dower is released as prescribed in this title, the court shall make an order requring onethird of the amount realized on the sale of the property to which the inchoate rig..t of dower attached to be invested by the special guardian, or paid into the court to be held for the benefit of the husband during his life and upon his death for the benefit of the wife during her life, or the court may direct said amount to be paid to the husband upon his giving a bond in the penalty of at least double the amount so received for such release, with at least two sureties, who shall justify in double the amount of such penalty, conditioned for the repayment as the court shall direct by his executors or administrators of such amount upon the death of the husband. In effect May 6, 1893; Laws 1893, ch. 639. 2362. Particular estates; when included in sale.— Where the real property, or the estate, term or other interest in real property, directed to be sold, is subject, absolutely or contingently, to a right of dower, or an estate for life, or is subject to an estate for years, in the whole or any part thereof, the person, having the prior right or estate, may manifest in writing his consent, eiher to receive, from the proceeds of the sale, a gross sum, to be fixed according to the principles of law applicable to annuities, in satisfaction of his right or estate; or to have a proportionate share of the proceeds of the sale invested, and the interest thereof paid to him, from the time of the investment, or of the commencement of his right or estate, as justice requires, until the determination of his right or estate. Upon filing the consent with the clerk, the final order may, |