§28-5-38. Mortgage, lease or sale of real estate of convicts.
If the personal estate of such convict be insufficient for
the discharge of his debts, or if such estate, or the residue
thereof after payment of the debts, and the rents and profits of
the real estate, be insufficient for the maintenance of the wife
and family of such convict, when it is proper to make provision
for such maintenance, his committee may proceed, as provided in
article one, chapter thirty-seven, of this code, to obtain
authority to mortgage, lease or sell so much of the real estate
of such convict as may be necessary for the purposes aforesaid,
or any of them, setting forth in the bill or petition the
particulars and the amount of the estate, real and personal, the
application which may have been made of any personal estate, and
an account of the debts and demands existing against the estate.