§40A‑30. Title of infants, incompetents, inebriates, and trustees withoutpower of sale, acquired.
In case any property requiredby a condemnor shall be vested in any trustee not authorized to sell, releaseand convey the same, or in any infant, incompetent, or inebriate, the superiorcourt shall have power, by a special proceeding, on petition, to authorize andempower such trustee or the general guardian or committee of such infant,incompetent or inebriate, to sell and convey the same to such condemnor, onsuch terms as may be just. In case any infant, incompetent or inebriate has nogeneral guardian or committee, the court may appoint a special guardian orcommittee for the purpose of making a sale, release or conveyance, and mayrequire security from the general or special guardian or committee as the courtmay deem proper. Before any conveyance or release authorized by this sectionshall be executed, the terms on which it is to be executed shall be reported tothe court on oath. If the court is satisfied that the terms are just to theowner of the property, the court shall confirm the report and direct the properconveyance or release to be executed, which shall have the same effect as ifexecuted by an owner of the property having legal power to sell and convey thesame. (1871‑2, c. 138, s. 28; Code, s. 1956; Rev., s.2590; C.S., s. 1726; 1981, c. 919, s. 1.)
§40A‑30. Title of infants, incompetents, inebriates, and trustees withoutpower of sale, acquired.
In case any property requiredby a condemnor shall be vested in any trustee not authorized to sell, releaseand convey the same, or in any infant, incompetent, or inebriate, the superiorcourt shall have power, by a special proceeding, on petition, to authorize andempower such trustee or the general guardian or committee of such infant,incompetent or inebriate, to sell and convey the same to such condemnor, onsuch terms as may be just. In case any infant, incompetent or inebriate has nogeneral guardian or committee, the court may appoint a special guardian orcommittee for the purpose of making a sale, release or conveyance, and mayrequire security from the general or special guardian or committee as the courtmay deem proper. Before any conveyance or release authorized by this sectionshall be executed, the terms on which it is to be executed shall be reported tothe court on oath. If the court is satisfied that the terms are just to theowner of the property, the court shall confirm the report and direct the properconveyance or release to be executed, which shall have the same effect as ifexecuted by an owner of the property having legal power to sell and convey thesame. (1871‑2, c. 138, s. 28; Code, s. 1956; Rev., s.2590; C.S., s. 1726; 1981, c. 919, s. 1.)
§40A‑30. Title of infants, incompetents, inebriates, and trustees withoutpower of sale, acquired.
In case any property requiredby a condemnor shall be vested in any trustee not authorized to sell, releaseand convey the same, or in any infant, incompetent, or inebriate, the superiorcourt shall have power, by a special proceeding, on petition, to authorize andempower such trustee or the general guardian or committee of such infant,incompetent or inebriate, to sell and convey the same to such condemnor, onsuch terms as may be just. In case any infant, incompetent or inebriate has nogeneral guardian or committee, the court may appoint a special guardian orcommittee for the purpose of making a sale, release or conveyance, and mayrequire security from the general or special guardian or committee as the courtmay deem proper. Before any conveyance or release authorized by this sectionshall be executed, the terms on which it is to be executed shall be reported tothe court on oath. If the court is satisfied that the terms are just to theowner of the property, the court shall confirm the report and direct the properconveyance or release to be executed, which shall have the same effect as ifexecuted by an owner of the property having legal power to sell and convey thesame. (1871‑2, c. 138, s. 28; Code, s. 1956; Rev., s.2590; C.S., s. 1726; 1981, c. 919, s. 1.)
