37:2-25 - Mental incompetency of husband; conveyance of real estate by wife under order of court; bar to rights of husband
37:2-25. Mental incompetency of husband; conveyance of real estate by wife under order of court; bar to rights of husband
In case any married woman owning lands situate within this State, shall desire to convey the same, but shall not be able to do so by reason of the lunacy or other mental incapacity of her husband to join with her in the execution of proper deeds of conveyance therefor, it shall be lawful for the Superior Court, in an action brought for that purpose, to direct that such married woman may convey the said lands by deed or deeds executed by herself, without the concurrence of her husband, which deed or deeds of conveyance shall convey the said lands free from any claim, estate or right of the husband of such married woman, and shall be an absolute bar to any right of curtesy therein, in case he shall survive her. The court may proceed in the action in a summary manner or otherwise.
Amended by L.1953, c. 34, p. 606, s. 14, eff. March 19, 1953.