236 BOARD OF AGRICULTURE. 



granted, might convey by a like deed if living and not inca- 

 paciated. 



Sec. 23. In all cases of the sale of real estate, or any part, 

 or interest therein, by virtue of licenses granted under any 

 of the provisions of this chapter, the surplus proceeds of sale, 

 remaining on the final settlement of the accounts of such pro- 

 ceeds, shall be considered as real estate, and distributed 

 among the same persons and in the same proportions as the 

 real estate would be by law. 



Sec. 24. All who are heirs apparent or presumptive of 

 the ward, shall be considered as interested in the estate, and 

 may appear and answer to the petition of any guardian or 

 other person for the sale of his estate ; and when personal 

 notice is required to be given, they shall be notified. 



Sec. 25. When the granting of any license is contested, 

 if it appears that the petition or objection to it is unreason- 

 able, the court may award costs to the prevailing party. 



Sec. 26. The affidavit of any person licensed as aforesaid, 

 or of any person employed by him, made within eighteen 

 months after the sale, and filed in the probate olfice, with 

 one of the original advertisements of the time, place, and 

 estate to be sold, or with a copy of such advertisement, and 

 recorded, shall be sufiicient proof that such notice was given ; 

 and a copy of such affidavit, certified by the register of pro- 

 bate, shall be competent evidence thereof. 



Sec. 27. When any person, licensed as aforesaid, has duly 

 taken the oath required by law, but no certificate thereof has 

 been retained as provided in the preceding sections, parol 

 evidence may be received that such oath was administered, 

 in the trial of any action respecting the estate so sold ; and if 

 proved, it shall have the same efiect as if a certificate thereof 

 had been returned, filed and recorded. 



Sec. 28. If any person, interested in any estate sold as 

 aforesaid, suffers damage by the neglect or misconduct of the 

 executor, administrator, or guardian, in such proceedings, he 

 may recover a compensation therefor in a suit on the probate 

 bond or otherwise, as the case may require. 



