$2044.

When a balance or residue, in lands or tenements, goods or property, are limited by writing or otherwise to take effect after the decease of any person without heirs, or bodily heirs, or succession, the words heirs and successors shall be so construed as to mean heirs or successors living, at the time of the decease of the person styled ancestor.

§ 2045. When the remainder of a possession is limited to the heirs or body heirs of a person who holds said property as a life estate, in these premises the persons whom at the termination of said life estate, are to be heirs or body heirs of said life estate, shall be authorized to purchase the same by virtue of the remainder of the possession so limited in them. § 2046. Lineal and collateral securities in all cases are hereby forbidden, but the heirs and legal claimants of any person who may have made any written contract or agreement shall be responsible for said contract or agreement to the extent of the lands limited or bequeathed, in such case, and in the manner prescribed by law.

§ 2047. When any possession has been or shall be conveyed limiting the remainder of the possession to the son or daughter of any person, born after the death of its parent, possession shall be taken the same as if he or she was born during the life of the parent, although no possession should have been conveyed to sustain the remainder of a contingent possession after his death, and after this an absolute possession or bequeathment may be made, commencing in the future, in writing in the same manner as by will.

C. L. 1865, C. 44, § 25; Jan. 12, 1852.

Heirs and successors, how construed.

Presumptive heirs, right to purchase.

Id. § 26.

Heirs and claimants responsible.

Id. § 27.

Possession after death of parent.

Id. § 28.

Revocation. by reason of posthu

§ 2048. A future possession depending upon the contingency of the death of a person without heirs shall be revoked mous birth. by the birth of a posthumous son or daughter of said person capable of succeeding him.

Id. § 29.

Grant of rents,

2049. Grants of rents, returns, or remainders of pos- etc.. valid, when. session shall be valid without the previous ceremonies of the tenants, but no tenant having paid any rent to the grantor before receiving notice of the transfer shall be injured thereby.

Id. § 30.

Conveyance, executors and admin

when.

§ 2050. When any deceased person may have made his last will and provided for his disposition of his property, and istrators can make, his real estate may have been divided up amongst his heir, heirs and widow, or any of them, it shall be lawful for his executor or administrator to make deeds of conveyance of such real property the heir, heirs, or widow, or either one or more of them, of such part as may have been divided to each one respectively, and such deeds of conveyance shall be evidence of the transfer of such lands from the deceased to such heir or widow.

§ 2051. Whenever any real estate shall be the property of one or more persons, subject to the dower right of another person, the respective ownership in said real estate may be determined as follows: Any owner of an interest in said real estate may apply at any time to the district judge of the district in which said premises are situated by verified petition setting forth the description of said real estate, the names of all parties interested therein, and whether any of said parties are infants or absentees. If all the parties interested er

C. 28. L. 84. § 1: April 3.

Settlement of dower rights.

Feb. 20.

C. 41, L. 91, § I; adult residents of the territory, notice of the presentation of such petition shall be served personally on all of such parties at least twenty days before the time of such presentation, and proof of such service shall be furnished to the judge at the time of making said application. If any of such parties are absentees the judge shall fix the method of serving the notice, which shall include the publication of such notice, and the mailing of the same to the party to be served, at his last known place of residence. If any of such parties are infants, the judge shall appoint a guardian ad litem for such infants, and direct the method of service on such infants and guardian. Upon the coming in of the application, with proof of service on all parties interested, the judge shall first ascertain whether an agreement can be made between the parties, either by the payment to the owner of the dower right of a sum of money in consideration of her relinquishment of her interest in the real estate or by the setting apart of a portion of such real estate for her use during her life. If such an agreement cannot be made, the judge shall proceed either personally or by a master to be by him appointed, to take proofs regarding the said real estate, and the respective interests of the various parties therein: Provided, That when the value of the entire real estate does not exceed five hundred dollars, said proofs shall be taken by the judge. Heshall ascertain whether said real estate is capable of division without serious injury to its value, and whether the interests of the widow entitled to dower will be best served by the possession of her portion of the premises or by the sale of the whole. At the conclusion of the testimony he shall file his judgment in writing, determining:

First. Whether said premises shall be divided or sold. Second. If to be divided, setting forth distinctly the portion set apart for the widow entitled to dower, for her use during her life.

Third. If to be sold, naming the master to sell and directing the method of sale and conveyance.

In case of a sale, after the coming in of the report of the master appointed to sell, the judge shall determine the amount of the proceeds thereof, to which the owner of the dower right, and each of the other parties interested, is entitled, and shall adjudge accordingly.

The costs of the proceedings shall be borne by all the parties interested, in proportion to their respective interests, but shall in no case exceed ten per cent. of the value of the property.

REAL ESTATE OF MINORS.

Petition, substance

§ 2052. An infant, by his general guardian, if he has any, of to be verified. and if there is none, by his next friend, may present a petition to the probate court, stating the age and residence of the infant, the situation and value of his real and personal estate, the situation, value and income of the real estate proposed to be sold, and the particular reasons which render a sale of the premises necessary and proper, and praying that a guardian may be appointed to sell the same. The petition shall also state the name and residence of the person proposed as such guardian, the relationship, if any, which he bears to the infant, and the security proposed to be given, and the petition shall be accompanied by affidavits of disinterested persons, or by other proofs verifying the material facts and circumstances alleged in the petition, and if the infant is of the age 1; March 1. of fourteen, he shall join in the application.

L. 1882, chap. 7. §

Order appointing guardian may issue,

§ 2053. If after investigation by said probate court, it ap pears that there is proper ground for the application, and that when. the allegations of the petition are true, an order may be entered appointing a guardian for the purpose of the application, on executing and filing in said court the requisite security approved of as to its form, validity and manner, by the said court, signified by its approbation indorsed thereon, and thereupon the court shall decree the property, or so much thereof as the court may deem proper, to be sold by said guardian at private or public sale, under the direction of said

court.

Property: decree to sell, when.

Id. § 2.

Bond for security.

Sureties.qualifica

§ 2054. The security required on the sale of the real estate of an infant, shall be a bond of the guardian with two sufficient sureties, in a penalty of double the value of the premises, including the interest on such value during the minority of the infant, each of which sureties shall be worth the pen- tion of. alty of the bond, over and above all debts, or a similar bond of the guardian only, secured by mortgage on unincumbered real estate within this territory, of the value of the penalty of such bond.

$2055. All sales heretofore made by orders and decrees of probate courts within this territory, under and by virtue of section one thousand and thirty-one, are hereby confirmed and ratified.

Id. § 3.

Sales previously made confirmed. La. § 4.

No person to convey property withlegitimate children.

§ 2055a. No person who has been, is now, or may hereafter be a citizen of this territory, and who has departed from, out providing for or left the same, and who shall have acquired, or may acquire, residence in any other part, leaving in this territory any legitimate children under the age of twenty-one years, shall, either by will or otherwise, sell, convey, nor in any manner dispose of his or her property, real or personal, in this territory, unless he or she shall first have made provision for the support and education of said minor child or children, to the satisfaction of the probate judge of the county wherein such child or children shall be; and any will, contract, deed or other instrument in writing whereby it shall be proposed to convey any property contrary to the provisions of this act, shall be and is hereby declared, absolutely void and of no

C. 12. L. 91. § 1; effect, and the same shall not be recorded nor verified in any public record in this territory nor in any county thereof.

Feb. 26.

Probate judge may act in such cases.

Id. § 2.

$ 2055b. That the probate judge of any county wherein such child or children shall be, or wherein any such property of any such person or persons shall be located, or any other interested party, may file in the district court of such county a petition, addressed to the presiding judge thereof, stating that such child or children of such person or persons is or are within the county, and that such person or persons have property in said territory, and that said property and the proceeds thereof, or any part thereof, is necessary for the use of said child or children for their own support and education; and that said property, or so much thereof as may be necessary for said purposes, may be sold and applied for said uses, which said petition shall be filed in said district court as a bill in equity, and thereupon said suit shall be carried and determined as other causes in equity in said court, and if the court shall be satisfied that the proceeds of said property, or any part thereof, shall be necessary for the support and education of said child or children, the court shall decree in said cause, directing the sale of said property, or so much thereof as may be necessary for the proper sustenance and education of said child or children, and shall appoint a proper person to act as guardian of said child or children, who shall receive and disburse the proceeds of any such sale; and said sales shall be conducted and be made as other sales under a decree in equity in said court.

county of the Territory of New Mexico, having in said county, or in any other county of said territory, any effects or property belonging to such deceased, the probate judge of the county where such person may have died, when he shall know of his own knowledge or be informed that such effects or property are abandoned, and that there is no heir to take charge of the same, or that no person has made application for letters of administration, and that no person desires to administer on said estate, he shall order the sheriff of the county to take possession of such effects or property, and keep the same in his custody and care, and to make out and return an inventory of each and all articles thereof, which inventory shall be recorded by the clerk of the probate court as in any other case.

C. 23. L. 1866. § 1; Jan. 25. Tr.

Sale when.

$ 2057. When the probate judge shall have ordered the effects or property to be taken possession of as required in the cases referred to in the foregoing section, after the expiration of thirty days from the date of such order, if no person shall appear who desires or shall make application for letters of administration upon such estate or property, he shall order the sheriff who shall have taken charge of such effects, to sell the same at public auction, and said sheriff shall execute said order by giving ten days' public notice of such sale, stating. Notice. therein the articles to be sold, and the time and place of sale, and such sheriff shall make a return, under oath, setting forth therein the full sum realized from said sale, which report shall be recorded as near to the inventory of such effects as may be possible.

$2058. The probate judge may approve, and order to be paid, all just debts owed by the estate of such deceased person, mentioned in section two thousand and fifty-six: Provided, That such debts be due from said estates for services, expenses and costs accruing and made after the death of such deceased, and the sheriff shall be allowed and paid a just and equitable compensation for his services and responsibility for taking possession and charge of and selling the effects of such deceased persons.

Return.

Id. § 2.

of

effects,

Debts to be paid from effects: when.

Id. § 3.

Proceeds to be turned into treas

$2059. After the payment of all the accounts approved by the probate judge, as provided in the foregoing section, ury. the residue shall be turned over by the sheriff to the treasurer of his county, who shall receipt in duplicate in favor of the sheriff for the sum he may have so received, one of which shall be retained by the sheriff for his security, and the other shall be filed with the clerk of the probate court, who shall record the same immediately following the return of the sale made by the sheriff, and such treasurer and his official bond shall be held responsible for the sums that may have been so received by him.

§ 2060. If any person or persons should have any claim or claims against the estates of deceased persons as above stated, and the same shall have been incurred or caused by said deceased during his lifetime, such person or persons, in order to collect said claim, shall first petition the probate court to grant them letters of administration upon said estate, who shall first enter into bond and take an oath to faithfully

of.

Record.

Id. § 4.

Claims: collection

Administration.