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.