1651 - Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property.

§ 1651. Proceedings for voluntary partition of infant's, incompetent's  or  conservatee's  real  property. 1. Where an infant, mentally retarded  person, mentally ill person, alcohol abuser or  conservatee  holds  real  property,  in  joint  tenancy  or in common, the general guardian of the  infant, or the committee of the mentally retarded person,  mentally  ill  person,  or alcohol abuser, or conservator of the conservatee, may apply  to the supreme court or to the county court of the  county  wherein  the  real  property is situated, for authority to agree to a partition of the  real property. Where  such  application  affects  the  interests  of  an  incompetent  person  or  a conservatee who has been committed to a state  institution, and is an inmate thereof, notice of such  application  must  be  given  to the superintendent, acting superintendent or state officer  having special jurisdiction over the institution where  the  incompetent  person  or  conservatee is confined. Irrespective of the location of any  real property held by an infant in  joint  tenancy  or  in  common,  his  general  guardian  may  make  such  application to the surrogate's court  which appointed such guardian. A certified copy of the decree entered in  the surrogate's court on such application must be recorded in the office  of the clerk of each county in which is situated  property  affected  by  such decree.    2.  Such an application must be by a petition, which must describe the  real property proposed to be partitioned;  must  state  the  rights  and  interests  of  the  several  owners thereof; must specify the particular  partition proposed to be made; and must be verified  by  affidavit.  The  court may order notice of the application to be given to such persons as  it thinks proper.    3.  If,  after  due  inquiry  into the merits of the application, by a  reference or otherwise, the court is of the opinion that  the  interests  of  the infant, or of the mentally retarded person, mentally ill person,  alcohol abuser  or  conservatee,  will  be  promoted  by  the  partition  proposed,  it  may  make an order authorizing the petitioner to agree to  the partition proposed, and in  the  name  of  the  infant,  or  of  the  mentally  retarded  person,  mentally  ill  person,  alcohol  abuser  or  conservatee, to execute releases of his right and  interest  in  and  to  that  part  of  the  property  which  falls  to  the shares of the other  joint-tenants or tenants in common. The court may,  in  its  discretion,  for  the  furtherance of the interests of said infant, mentally retarded  person, mentally ill  person,  alcohol  abuser  or  conservatee,  direct  partition  to be so made as to set off to him or them his or their share  in common with any of the other owners, provided the consent in  writing  thereto of such owners shall be first obtained.    4.  Releases so executed have the same validity and effect, as if they  were executed by the person in whose behalf they are executed, and as if  the infant was of full age, or the mentally  retarded  person,  mentally  ill person, or alcohol abuser was of sound mind, and competent to manage  his affairs, or the conservatee was competent to manage his affairs.