37:2-28 - Mental incompetency of husband; sale for reinvestment or exchange of real estate by wife; procedure in Superior Court; bar to rights of husband
37:2-28. Mental incompetency of husband; sale for reinvestment or exchange of real estate by wife; procedure in Superior Court; bar to rights of husband
In case any married woman owning lands situate within this State has sold or shall be desirous of selling the same, or any part thereof, for the purpose of investing the proceeds thereof in other lands in this State, or has exchanged or shall be desirous of exchanging the same, or any part thereof, for other lands of equal value in this State, but shall not be able to convey her said lands so sold or exchanged, or intended so to be, by reason of the inability of her husband, through lunacy or other mental incapacity, to join with her in the execution of proper deeds of conveyance therefor, it shall and may be lawful for the Superior Court in an action brought for that purpose to confirm or authorize such sale or exchange, and direct that such married woman may convey her lands so sold or exchanged by deed or deeds executed by herself, without the concurrence of her husband, which deed or deeds of conveyance shall convey her 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. 607, s. 17, eff. March 19, 1953.