Talk:District of Columbia v. McBlair

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Edition:	District of Columbia v. McBlair, August 18, 1856, (11 St US 118,) provides 'that in all cases in which real estate within the District of Columbia shall have been limited heretofore, or shall be limited hereafter, by the provisions of any deed or will, to one or more, for life or lives, with a contingent limitation over to such issue of one or more of the tenants for life as shall be living at the death of their parent or parents, and the said deed or will containing the limitation shall not prohibit a sale, the circuit court for the District of Columbia, upon the application of the tenants for life, shall have power to decree a sale of such real estate, if, upon the proofs it shall be of opinion that it is expedient to do so, and to decree to the purchaser an absolute and complete title in fee simple' Section 2 enacts 'that application for the sale of such real estate shall be by bill in equity, verified by the oath or oaths of the party or parties, in which all the facts shall be distinctly set forth, upon the existence of which it is claimed to be expedient that such sale should be decreed; which facts shall be proved by competent testimony Such of the issue contemplated by the limitation as shall be in existence at the time of the application for the sale of such real estate shall be made parties defendant to the bill, and, if minors, by guardian ad litem together with all who would take the estate in case the limitation over should never vest Such of the parties defendant as shall be of the age of fourteen years or more shall answer in proper person, on oath, and all evidence shall be taken upo notice to the parties and to the guardian ad litem' Section 3 requires 'that the proceeds of the sale of such real estate shall be held under the control and subject to the order of the court, and shall be vested under its order and supervision upon real and personal security, or in government securities, and the same shall, to all intents and purposes, be deemed real estate, and stand in the place of the real estate from the sale of which such proceeds have arisen, and, as such real estate, be subject to the limitations of the deed or will' .
Source:	District of Columbia v. McBlair from http://bulk.resource.org/courts.gov/c/US/124
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