Legal Status of Women in Iowa by Jennie Lansley Wilson
page 36 of 99 (36%)
page 36 of 99 (36%)
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otherwise direct [§3406.]
[Sidenote: Conveyance of property.] When either the husband or wife is insane, and incapable of executing a deed, and relinquishing or conveying his or her right to the real property of the other, the sane person may petition the district court of the county where such petitioner resides, or of the county where said real estate is situated, setting forth the facts and praying for an order authorizing the applicant or some other person to execute a deed of conveyance and thereby relinquish the interest of either in the real property of the other [§3407.] [Sidenote: Proceedings and decree.] Upon such application the court has power to appoint some person or attorney guardian of the person alleged to be insane, who shall ascertain as to the propriety, good faith and necessity of the prayer of the petitioner, and who shall have power to resist said application. If the court is satisfied that the petition is made in good faith, and that the petitioner is the proper person to exercise the power and make the conveyance, and that such power is necessary and proper, said court shall enter up a decree authorizing the execution of all such conveyances, for and in the name of such husband or wife, by such person as the court may appoint [§§3408-3409.] [Sidenote: Appointment, Revocation.] All deeds executed by the person thus appointed shall be valid in law, and shall convey the interest of such insane person in the real estate |
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