N.Y. Surrogate's Court Procedure Act § 1715: Authority of guardian to sell, lease, exchange or mortgage 1

§ 1715. Authority of guardian to sell, lease, exchange or mortgage

1. The surrogate's court of the county from which letters were issued

to the guardian of the property of an infant may, in accordance with

this section, authorize the guardian in the name of the infant to sell,

lease, exchange or mortgage any interest of the infant in real property.

2. A proceeding therefor may be commenced by the guardian by filing a

petition in which the infant, if over the age of 14 years, may join. It

must show the facts as to the real property, the interest of the infant

therein, the other property of the infant, his financial circumstances

and such other facts showing that it is for the best interest of the

infant to sell, lease, exchange or mortgage all or a portion of the

infant's interest in the real property.

3. If the petition be entertained process shall issue to the infant if

he has not joined therein, to the parent or parents, or if there be

none, to an adult person with whom the infant resides, the person having

his care and custody, and if the infant be married, to the infant's

spouse. If the guardian show to the satisfaction of the court either by

the petition or affidavit that he lacks knowledge of the existence,

identity, name, residence or location of any person to be served or

shows that with due diligence any such person cannot be personally

served with process within any state of the United States, the District

of Columbia, the Commonwealth of Puerto Rico or a territory or

possession of the United States, the court may dispense with such

service or make such direction as it deems appropriate for the

protection of the infant.

4. On the return of process the court shall take such proof as it

deems necessary and make such order as justice and the best interests of

the infant require.

5. Any instrument executed by the guardian in the name of the infant

in conformity with the provisions of this section shall have the same

effect as if the infant being of full age had executed it.

6. The court shall have jurisdiction on like application to ratify and

confirm any lease or leases made by the guardian in behalf of the infant

and not theretofore authorized, ratified or confirmed by a court of

competent jurisdiction.

7. Nothing in this section shall be deemed to authorize a guardian

appointed by will or deed to sell, lease, exchange or mortgage the

infant's real property contrary to the express provisions of the will or

deed.