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2111.21 Sale, compromise, adjustment, or mortgage of dower.

2111.21 Sale, compromise, adjustment, or mortgage of dower.

The guardian of a ward who has or is claimed to have a right of dower, or a contingent right to it, in lands or tenements of which the spouse of such ward was or is seized as an estate of inheritance, where the dower has not been assigned, may sell, compromise, or adjust such dower or may release such contingent right of dower in the event the spouse of such ward desires to mortgage such property upon such terms as such guardian deems for the interest of such ward and upon such terms as the probate court of the county in which the guardian was appointed approves, or if such guardian was appointed in a foreign state, upon such terms as the probate court of the county wherein the land is situated approves. After such approval, the guardian may execute and deliver all the necessary deeds, mortgages, releases, and agreements for the sale, compromise, assignment, or mortgage of such dower or contingent right to dower. As a basis for computing the value of an inchoate dower right in any sale, compromise, or adjustment pursuant to this section, the value of the lands or tenements may be considered to be the sale price or, if there is no sale, the appraised value. Such sale, compromise, adjustment, or mortgage may be made upon application and entry in the pending proceedings.

Effective Date: 10-01-1953

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