praisers heretofore appointed by this court in this case have filed herein their appraisement of said real estate, as heretofore directed [free of the dower (or, subject to the dower) of widow of ............, deceased], in the sum of............ dollars; and, further, that said guardian, has filed herein his bond, conditioned according to law for said sale, in the sum of ....... dollars, with ............ and .... .... as sureties, which bond the court approves; and, further, that for the reasons stated in the petition the best interests of said minor will be promoted by a saie of said real estate; ............. It is, therefore, ordered, adjudged and decreed by the court that the said guardian be, and he is hereby authorized and directed to sell the following described real estate owned by said. minor and located in the County of ........, State of viz, [describing the lands and premises to be sold as the same ordinarily appear of record], at public (or, private) sale [subject to (or, free from) the dower interest of the said.............................], for not less than ............ of its said appraised value, and on the following terms, to wit, [one third cash, one third in one year, and one third in two years from the day of sale; deferred payments to bear interest at the rate of per cent per annum, and to be secured by mortgage on the premises (or name other terms)]; and that the sale be made on said premises. It is further ordered that notice of the time and place of such sale be given by [setting forth the notice required and how the same shall be served]. And it is further ordered that said guardian, after making such sale, make due return thereof, verified by his affidavit, to this court, on or before the ..... .... day of..... 19..... ........... [Signature of judge or surrogate.] NOTE: For orders of sale including orders for assignment of dower, see forms numbered 275, 276 and 277; and for general proceedings to assign dower, see forms numbered from 168 to 188, inclusive. 529. Bond for Sale of Minor's Real Estate. Know all men by these presents, that we, as principal and ...... and ..... ......, as sureties, are held and firmly bound unto (the people of the State of............., for the use of) ............, a minor, in the penal sum of [double the value of the realty] dollars ($............), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly by these presents. I. P. F.-20 The condition of the above obligation is such that if the above bounden, ............, as guardian of said minor, shall duly and faithfully account for and dispose of the proceeds of all the real estate of said minor, that may be sold by said guardian under any and all orders of the county, in the State of............, in the manner provided by law, and shall in ali things promptly and faithfully execute any and all such orders, then this obligation to be void, but otherwise to remain in full force and effect. court of Witness our hands (and seals), at of .............. 19..... ............ this.... [Signatures of principal and sureties.] [Add qualification of sureties, as in No. 84.] 530. Notice of Sale of Minor's Real Estate. [Title.] [Formulate, by comparison, from No. 284.] 531. Report on Sale of Minor's Real Estate. [Title.] To the Hon. The undersigned, of said Court: day as guardian of the estate of the said minor,, respectfully shows: That by virtue of an order made and entered in the above entitled matter by the above named court, on the ....... ........ day of ............ 19...., said guardian did, on the ...... between the hours of ............. o'clock in the forenoon and o'clock in the afternoon of said day, at ............, in the County of State of, offer for sale, at public vendue, the real estate described in said order, to wit, ...; and one ..... being the highest and best bidder for said premises, the same was awarded and sold to him [free from (or, subject to) the dower interest of ............, widow of ............, deceased], on the following terms, to wit, [as in No. 528]; that said purchaser, thereupon, deposited with the said guardian the sum of $............ in lawful money, and offers his note with such personal sureties as may be approved, together with a mortgage on said premises to secure the payment of the residue of said sale in the sum of dollars, with interest at the rate of per cent per annum, due on the day of ............ [or, show an offer to comply with the terms on which the sale was made]. And said guardian further reports that previous to making said sale, he caused a notice, of which the annexed is a true copy, to be published for ..... successive weeks in the ............ a weekly secular newspaper, published at ............. in said county where said real estate was sold, and also posted up similar notices in of the most public places in said county, weeks previous to said day of sale, one of said notices being posted at [etc.]; and, further, that said sale was in all respects, according to the best knowledge, information and belief of the undersigned, fairly, honestly and impartially conducted. one at Wherefore, your undersigned guardian prays that said sale, made as aforesaid, be confirmed, and that he be authorized to execute a good and sufficient deed to the said purchaser for the premises so sold, upon the deferred payments of purchase money being properly secured. Respectfully submitted this 19..... day of.... [Add verification as in No. 524.] 532. Order for Hearing Return on Sale of Minor's Real Estate. [Title.] [Formulate, by comparison, from No. 288.] 533. Notice of Hearing Return on Sale of Minor's Real Estate. [Title.] [Formulate, by comparison, from No. 289.] 534. Proof of Service of Notice. [Title.] [Formulate, by comparison, from No. 29; and see, also, related forms 27 and 28.] 535. Order Confirming Guardian's Sale of Realty. Now on this............ day of .........., 19...., this cause comes on to be heard on the return of ............, guardian of the said minor, ................................, of his proceedings and sale under the order of this court of the following described real estate belonging to said minor and situated in the County of............, State of.... viz, [describing the property as the same is described in the order of sale], and on the motion of the said guardian to confirm said. sale; and the court, after carefully examining said return, finds that said sale was fairly and legally made; It is, therefore, considered, ordered and adjudged by the court that said sale be, and the same is, hereby approved and confirmed; and, further, that upon the deferred payments of pur chase money being properly secured, the said ............, guardian, shall make to the purchaser, ............, named in said return, a good and sufficient deed for the premises so, as aforesaid, sold. [And the widow, ............, named in the order of sale, having by her answer in this case elected to receive in lieu of her dower its value in money, the court finds the just and reasonable value thereof to be dollars (or, make such order respecting dower, if any, as is required under the order of sale). It is, therefore, further ordered by the court that, after the payment of the costs incurred in the proceedings herein for the sale of said premises, taxed at $..........., the said guardian pay to the said widow, .... ................................, the said sum of $............, in full of her dower interest, the residue to be applied and distributed as required by law.] [Signature of judge or surrogate.] NOTE: A substitute for the last above form may be made, by comparison, from either No. 294, 295, or 296. 536. Order Approving Guardian's Deed. approval, the deed executed by him under and by virtue of a decree made and entered by this court in the above entitled matter on the ........ day of ................................, 19....; and said deed, a duplicate of which is hereto attached and made a part hereof, appearing to be in full accord with said decree, is hereby approved by the court, and said guardian is ordered and directed to deliver the same to the said purchaser, ............, together with a legally certified copy of this order. [Signature of judge or surrogate.] 537. Deed of Guardian, as Approved. This deed, made this day of.... 19...., between guardian of the property of ............, a minor, of the County of............, State of ............, of the first part, and who now resides at ............. in the County of of the second part, witnesseth: State of That said party of the first part, by virtue of an order of sale made by the ..... Court of the County of State of ............, on the ............. day of............, 19..., in the matter of the guardianship of said minor pending in said court, has sold the real property hereinafter described, in conformity with said order; that said sale has been duly confirmed by said court as required by law, and in conformity with the provisions of the act of the Legislature of the State of........... entitled "An Act [etc.], approved on the ............ day of............, 19....," [and an act respecting (etc.), approved on the day of ................., 19....] ; and, in consideration of the sum of ............. dollars (the same being more than of the appraised value of said real property), the receipt of which is hereby acknowledged, said party of the first part, as guardian of said minor, does by these presents grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, forever, all the right, title and interest of the said minor, ............., in and to the following described real estate, situated in the County of State of............, to wit, [describing the property as the same is described in said order of sale]. To have and to hold the above granted premises, together with the appurtenances and every part thereof, unto the said party of the second part,...., his heirs and assigns, forever. And the said party of the first part does hereby covenant with the said party of the second part, his heirs and assigns, that he has in all things observed the requirements of law and of all orders of said court in and concerning said sale. In witness whereof, the said party of the first part has hereunto set his hand, the day and year first above written. [Add guardian's signature and acknowledgment.] NOTE: By modification, as to titles of causes, legal representatives and beneficiaries, forms numbered from 261 to 299, with few exceptions, may be applied to the general procedure for selling real estate owned by minors and incompetents. ARTICLE VII. CHANGE OF VENUE. 538. Motion for Change of Venue. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully shows: That he is interested in the above entitled matter as the next friend of the above named minor, ..... who is under the age That since about the ............ day of..... ..............................., 19........, said minor has been living with ............, at ............, in the County of..... State of........ ; and said minor is, in good faith, now permanent |