WVC 37 - 1 - 13
§37-1-13. Order; sale.
If it be clearly shown by the petition, exhibits, and
evidence adduced, that the interest of the minor or insane person
or convict will be promoted by the sale, lease or encumbrance by
mortgage or trust deed, and the court be of opinion that the
rights of no person will be affected thereby, it may order such
estate, or any part thereof, to be sold, lease, or encumbered by
mortgage or trust deed; and in such manner and on such terms and
in such parcels as may be deemed most beneficial to the minor or
insane person or convict; and, in case the same be decreed to be
sold, shall take from the purchaser bond, with ample security,
when the sale is on credit. And, in case of sale or lease, the
same may be decreed to be made either at public or private sale
or lease. At such sale or lease neither the guardian, committee,
nor guardian ad litem shall be a purchaser directly or
indirectly. But no estate of any minor or insane person or
convict shall be sold contrary to the provisions of any will or
conveyance by which such estate was devised or granted to such
person, if such provision would be valid if contained in a
conveyance or devise to a person sui juris.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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