WVC 37 - 1 - 5
If it be clearly shown, independently of any admissions in
the answers, that the interest of the infant, insane person,
convict or beneficiaries in the trust, as the case may be, will
be promoted, and the court be of the opinion that the rights of
no person will be violated thereby, it may decree that such
estate or any part thereof be sold, leased, mortgaged or
encumbered by a trust deed, on such conditions and upon such
terms as to the court shall seem to the best interests of such
infant, insane person, convict or beneficiary in a trust, as the
case may be, and in case the sale of such land is decreed, the
purchaser, when the sale is on credit, shall be required to give
ample security, and, if the sale be of real estate, a lien shall
be retained thereon to secure the payment of the purchase money.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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