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cuted said instrument as his free and voluntary act and deed for the uses and purposes therein set forth.

In witness whereof I have hereunto set my hand and official seal the day and year first above written.

[Signature, title and seal of magistrate.]

520. Petition of Guardian to Lease Lands for Agricultural Pur

poses.
[Title.]

[Formulate, by comparison, from No. 231.]

521. Order Appointing Viewers for the Premises Proposed to be Leased.

[Title.]

.............

Now on this ............ day of ................., 19...., on hearing the petition of, guardian of the said minor, ............, for permission to lease certain real estate belonging to said minor, as described in the petition, for agricultural purposes, it is ordered by the court that and ............, three disinterested freeholders of this county, not of kin to either the petitioner or said minor, be and are hereby appointed to view said premises, and report, under oath, their opinion of the probable cost of the improvements proposed by said guardian, and whether or not the lease proposed by him would be for the best interest of his ward, and upon what terms the lease should be made.

And it is further ordered that said report be returned and filed in this cause or on before the day of..........., 19...., at the hour of ............ o'clock, M., which day and time the court appoints for the final hearing of said petition.

[Signature of judge or surrogate.]

522. Report of Viewers for Proposed Lease of Minor's Premises. [Title.]

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The undersigned, as viewers appointed by an order of the above named court on the ............. day of ............, 19...., to view the premises owned by the said minor, ..... and situated in the County of............, State of ............, viz., [describing the premises as the same are described in said order], and to report, under oath, their opinion of the probable cost of the improvements proposed by said guardian, and whether or not the lease proposed by him would be for the best interest of the said minor, and upon what terms the lease should be made, respectfully report the following:

On the

day of............, 19...., after having taken the oath which is hereto attached and made a part hereof, we went upon the lands and premises aforesaid, and then and there made. a personal examination of said premises, the improvements thereon and the appurtenances, for the purpose of informing ourselves of the aforesaid matters submitted to us concerning the aforesaid proposed lease; and then and there we examined, under oath, divers persons who, as we have reason to believe, have a practical knowledge of the aforesaid matters. Thereupon we find that the lease proposed would be to the advantage of the said minor, .... ............, and the same is necessary to secure the improvement of the real estate and to increase its rents, which increase is needed for the support and education of said minor [or other purposes named in the law under which the viewers were appointed].

We further find that the lease can consistently be made for a term of ....... years, at an annual rent of ............ dollars; provided, however, that the improvements to be made shall be made [state by whom and how, as provided by special law].

[If the finding of the viewers be to the effect that the proposed lease is not for the best interest of the minor, that opinion should be substituted for the finding above stated, and the reason for the same given.]

All of which is respectfully submitted this
19.....

day of

[Signature of viewers.]

[Attach official oath and fee bill of viewers.]

523. Order Authorizing Execution of Agricultural Lease of Mi

nor's Lands.

[Title.]

Now on this............ day of .....

19...., on hearing the petition of, guardian of the said minor, ................................, for permission to lease certain real estate belonging to said minor, as described in the petition, for agricultural purposes, and on hearing the report of the freeholders heretofore appointed to view the premises, and the court being satisfied that the notice required by law has been duly served upon the said minor, ............, and being satisfied that the lease proposed would be to the advantage of the said ward, and is necessary to secure the improvement of the real estate and to increase its rents, which increase is needed for the support and education of said ward [or other

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purpose named in the special law authorizing the lease], the court therefore authorizes and empowers the said guardian to make said lease, to wit, a lease for years, commencing on the day of, 19...., and terminating on the day of............, 19...., to ............, as lessee, at an annual rent of dollars ($............) [state terms fully], of the following described real estate of said minor, located in the County of State of............, to wit: [Describe the premises as the same are described in the petition].

And the court further directs that the improvements to be made shall be made [state by whom and how, as provided by law].

[Signature of judge or surrogate.]

NOTE: By modification, as to titles of causes, legal representatives and beneficiaries, forms Nos. 231 to 239, inclusive, may be applied to the general procedure for leasing real estate owned by minors and incompetents.

ARTICLE V. MORTGAGES.

NOTE: By modification, as to titles of causes, legal representatives and beneficiaries, forms numbered from 240 to 247, inclusive, may be applied to the general procedure for mortgaging real estate owned by minors and incompetents.

ARTICLE VI. SALES AND CONVEYANCES. 524. Petition of Guardian for Sale of Real Estate. [Title.]

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Your petitioner undersigned respectfully shows:

That he is the qualified and acting guardian of the estate of the said minor,

That said minor, ..... is now domiciled with one ................................, at ..... in the County of..... ............, State of

.............

That an inventory of all the estate, real and personal, of said minor was filed in the above named court, in the above entitled matter, on the ..... .... day of...... ..., 19...., and said inventory shows the whole estate owned by said minor at the date thereof, as your petitioner is informed and believes; that, as such guardian your petitioner has faithfully applied the personal estate for the use and benefit of said minor as will fully appear from the account rendered and filed herein on the ......... day of .................................., 19........, and thereafter approved by the order of said court; that the amount or value of personal property that has come

.....

into said guardian's hands as estate of said minor, is $........................ ; that the appraised value of the personal property now remaining in the hands of said guardian and not set apart, or otherwise dis posed of by order of the court, is $............; that the only other means or resources possessed by said minor are the following, [naming his incomes, rents, profits and wages] which annually amount to about $; that the debts now outstanding and contracted for the benefit of said minor, including the accrued and unpaid expenses and charges in the above entitled matter are estimated by your petitioner at $............; and a general dcscription of all the real property which said minor owns or in which he has any interest, and the condition and value thereof, are as follows:

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That funds are needed to maintain and educate said minor in a proper manner; that said real estate is depreciating in value for the following reasons, to wit, ...; and the interest of said minor would be greatly promoted by a sale of the whole of said real estate (or some portion thereof) and an investment of the funds arising from the sale thereof in such productive real estate, stocks, bonds and secureties as the court may approve, after deducting such an amount as will be necessary for the maintenance and education of said minor for one year.

That the names of the next of kin of said minor, and their postoffice addresses, respectively, so far as known to your petitioner, are as follows,

Wherefore, your petitioner prays that some certain time be appointed for hearing this application, that notice thereof be ordered given as required by law, and that, upon the final hearing, an order be made by the court authorizing and directing your petitioner to sell the whole, or so much, or such parts of the aforementioned real estate as the court shall deem necessary or beneficial, at ............ sale.

Respectfully submitted this

day of....

19.....

[Signature of guardian.]

State of.....

Verification:

..........., County of.....

SS:

the petitioner above named, being sworn, according to law, on oath, says that he has read the attached and foregoing petition and knows the contents thereof, and that all the allegations contained therein are true of his own knowledge, except the matters therein stated on his information and belief, and as to last said matters he believes them to be true.

19.....

[Signature of guardian.]

Subscribed and sworn to before me this........... day of .......

[Signature, title and seal of magistrate.]

525. Order for Hearing Petition for Sale of Minor's Real Estate. [Title.]

[Formulate, by comparison, from No. 264.]

526. Notice of Hearing Petition for Sale of Minor's Real Estate. [Title.]

[Formulate, by comparison, from No. 232.]

527. Return Showing Service of Notice.

[Title.]

[Formulate, by comparison, from No. 29; and see, also, related forms 27 and 28.]

528. Order for Sale of Minor's Real Estate.

[Title.]

Now on this .... day of ...... 19...., the same being a day of the regular term, A. D., 19...., of this court, this cause comes on to be heard upon the petition filed herein on the day of ............, 19...., by ..... the guardian of the estate of the said minor, ................................, praying for an order authorizing him to sell at ............ sale, certain of said minor's real estate, as described in said petition, and said cause also comes on to be heard upon all motions and pleadings arising upon said petition, and upon the evidence.

....

And the court being duly advised in the premises, finds that a copy of the order of this court entered herein on the day of, 19...., appointing the time and place for hearing said petition, was duly and legally served upon all persons next of kin to said minor, ............, as to such of said persons who have not voluntarily entered their appearance herein relative to the proceedings under said petition; and, further, that the ap

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