§ 33-19-1. Court consent to mortgage.
The probate court which issued letters testamentary or of administration or guardianship may authorize an executor, administrator, or guardian to mortgage the real estate of the deceased or ward upon a petition filed, describing the particular estate to be mortgaged, the amount of money necessary to be raised, and the purpose for which the money is required, and the decree of the court upon the petition shall fix the amount for which the mortgage is to be given and the rate of interest which may be paid on the mortgage, and may order the whole or any part of the loan to be paid from time to time out of the income of the property mortgaged.
History of Section.C.P.A. 1905, § 737; G.L. 1909, ch. 308, § 4; P.L. 1918, ch. 1640, § 2; P.L. 1920, ch. 1844, § 1; G.L. 1923, ch. 359, § 4; G.L. 1938, ch. 570, § 4; G.L. 1956, § 33-19-1; P.L. 1995, ch. 323, § 28.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-19 - Real Property of Decedents and Incompetents
Section 33-19-1. - Court consent to mortgage.
Section 33-19-2. - Terms of mortgages and notes.
Section 33-19-3. - Authority to sell real estate.
Section 33-19-4. - Sale of whole real estate to prevent injury.
Section 33-19-5. - Finality of decree authorizing sale or mortgage — Claims against estate.
Section 33-19-6. - Duration of authority to sell or mortgage.
Section 33-19-8. - Guardian’s bond to cover proceeds of the sale or mortgage.
Section 33-19-9. - Public or private sale — Petitioner as purchaser — Minimum price fixed.
Section 33-19-10. - Notice of sale at auction.
Section 33-19-11. - Adjournment of auction sale.
Section 33-19-12. - Affidavit as to notice of sale.
Section 33-19-13. - Laying out of roads and platting of land.
Section 33-19-14. - Conditions imposed by court.
Section 33-19-15. - Conveyances.
Section 33-19-17. - Release of interests in real estate by guardians.
Section 33-19-18. - Sale of cemetery lots.
Section 33-19-19. - Exchange of cemetery lots by guardians.
Section 33-19-21. - Irregularities in proceedings.
Section 33-19-22. - Validity of sale as against claimant adverse to decedent or ward.
Section 33-19-23. - Surplus real estate proceeds distributed as real estate.
Section 33-19-24. - Examination of sale proceedings — Recovery of damages.
Section 33-19-26. - Authority for lease by guardian.
Section 33-19-27. - Sale, lease, or mortgage by foreign guardian of nonresident ward.