§ 1715 — Authority of guardian to sell, lease, exchange or mortgage 1

§ 1715. Authority of guardian to sell, lease, exchange or mortgage\n 1. The surrogate's court of the county from which letters were issued\nto the guardian of the property of an infant may, in accordance with\nthis section, authorize the guardian in the name of the infant to sell,\nlease, exchange or mortgage any interest of the infant in real property.\n 2. A proceeding therefor may be commenced by the guardian by filing a\npetition in which the infant, if over the age of 14 years, may join. It\nmust show the facts as to the real property, the interest of the infant\ntherein, the other property of the infant, his financial circumstances\nand such other facts showing that it is for the best interest of the\ninfant to sell, lease, exchange or mortgage all or a portion of the\ninfant's interest in the real property.\n 3. If the petition be entertained process shall issue to the infant if\nhe has not joined therein, to the parent or parents, or if there be\nnone, to an adult person with whom the infant resides, the person having\nhis care and custody, and if the infant be married, to the infant's\nspouse. If the guardian show to the satisfaction of the court either by\nthe petition or affidavit that he lacks knowledge of the existence,\nidentity, name, residence or location of any person to be served or\nshows that with due diligence any such person cannot be personally\nserved with process within any state of the United States, the District\nof Columbia, the Commonwealth of Puerto Rico or a territory or\npossession of the United States, the court may dispense with such\nservice or make such direction as it deems appropriate for the\nprotection of the infant.\n 4. On the return of process the court shall take such proof as it\ndeems necessary and make such order as justice and the best interests of\nthe infant require.\n 5. Any instrument executed by the guardian in the name of the infant\nin conformity with the provisions of this section shall have the same\neffect as if the infant being of full age had executed it.\n 6. The court shall have jurisdiction on like application to ratify and\nconfirm any lease or leases made by the guardian in behalf of the infant\nand not theretofore authorized, ratified or confirmed by a court of\ncompetent jurisdiction.\n 7. Nothing in this section shall be deemed to authorize a guardian\nappointed by will or deed to sell, lease, exchange or mortgage the\ninfant's real property contrary to the express provisions of the will or\ndeed.\n