96: Matter of Burr, 17 Barb. 9, 14; s. c., 2 Barb. Ch. 208; Matter of Salisbury, 3 Johns. Ch. 347; Parsee Merchants' Case, 11 Abb. N. S. 209; 8. C., 3 Daly, 529; Matter of Heeney, 2 Barb. Ch. 326; Peckersgill v. Reade, 5 Hun, 170; Ex parte Parker, 6 Alb, L. J. 324; Martin v. Windsor Hotel Co., 70 N. Y. 101. *§ 2340. Committee of property may maintain actions, etc.—A committee of the property, appointed as prescribed in this title, may maintain, in his own name, adding his official title, any action or special proceeding, which the person, with respect to whom he is appointed, might have maintained, if the appointment had not been made. Part of 5 of act of 1874, amended. Davis v. Carpenter, 12 How. 287; Thomas v. Bennett, 58 Barb. 197, 201; McKillip v. McKillip, 8 id. 552; Person v. Warren, 14 id. 488; Ex parte Wing, 2 Hun, 671; s. c., 5 S. C. 205; Burnett v. Bookstaver, 10 Hun, 481. § 2341. Id.; to file inventory and account.— The provisions of article second of title seventh of chapter eighteenth of this act, requiring the general guardian of an infant's property, appointed by a surrogate's court, to file, in the month of January of each year, an inventory, account, and affidavit, and prescribing the form of the papers so to be filed, apply to a committee of the property, appointed as prescribed in this title. For the purpose of making that application, the committee is deemed a general guardian of the property; the person, with respect to whom he is appointed, is deemed a ward; and the papers must be filed in the office of the clerk of the court, by which the committee was appointed; or, if he was appointed by the supreme court, in the clerk's office where the order appointing him is entered. § 2842. See 2 R. S. 53, 82 8 and 9 (2 Edm. 54). Matter of Carter, 3 Paige, 146 ; Matter of Seaman, 5 id. 409; Monell v. Monell, 5 Johns. Ch. 283; Hay v. Warren, 8 Paige, 609; Matter of Lytle, 3 id. 251; Matter of Crumb, 2 Johns. Ch. 439; Skidmore v. Davies, 10 Paige, 316; Matter of Kennedy, 5 id. 244; Matter of Cooper, 2 id. 34; Matter of Clapp, 20 How. 385. § 2342. Id.; may be compelled to file the same, or render an additional account, etc.- In the month of February of each year, the presiding judge of the court, by which the committee of the property was appointed; or, if he was appointed by the supreme court, the county judge of the county where the order appointing him is entered; must examine, or cause to be examined under his direction, all accounts and inventor ies filed by committees of the property, since the first * See ante, § 429; § 426, subd. 2; SS 427-8, 1755. day of February of the preceding year. If it appears, upon the examination, that a committee, appointed as prescribed in this title, has omitted to file his annual inventory or account, or the affidavit relating thereto, as prescribed in the last section; or if the judge is of opinion that the interest of the person, with respect to whom the committee was appointed, requires that he should render a more full or satisfactory inventory or account; the judge must make an order, requiring the committee to supply the deficiency, and also, in his discretion, personally to pay the expense of serving the order upon him. An order so made may be entered and enforced, and the failure to obey it may be punished, as if it was made by the court. Where the committee fails to comply with the order, within three months after it is made; or, where the judge has reason to believe, that sufficient cause exists for the removal of the committee, the judge may, in his discretion, appoint a fit person special guardian of the incompetent person, with respect to whom the committee was appointed, for the purpose of filing a petition in his be half, for the removal of the committee, and prosecuting the necessary proceedings for that purpose. The committee may be compelled, in the discretion of the court, to pay personally the costs of the proceedings so instituted. L. 1874, ch. 446, 4, amended; see 2844, post. Monell v. Monell, 5 Johns. Ch. 283; Hay v. Warren, 8 Paige, 609. $ 2343. Property, when to be restored. Where a person, with respect to whom a committee is appointed, as prescribed in this title, becomes competent to manage himself or his affairs, the court must make an order, discharging the committee of his property, or the committee of his person, or both, as the case requires, and requiring the former committee to restore to him the property, remaining in the committee's hands. Thereupon the property must be restored accordingly. Id., 28, amended; 2 Barb. Ch. Pr. 239: Matter of Hoag, 7 Paige, 312; Matter of Hanks, 3 Johns. Ch. 567; Matter of Burr, 3 Barb. Ch. 208; Matter of McFarlane, 2 Johns. Ch. 440. § 2344. Id.; disposition in case of death. Where a person, of whose property a committee has been ap pointed, as prescribed in this title, dies during his incom petency, the power of the committee ceases; and the property of the decedent must be administered and disposed of, as if a committee had not been appointed. Id., 29 and 25, amended by L. 1865, ch. 724 (6 Edm. 581). TITLE VII. Proceedings for the disposition of the real property of an infant, lunatic, idiot, or habitual drunkard. SEC. 2345. Action to compel conveyance. 2346. Who may maintain action. 2347. Judgment; effect thereof. 2348. Application to dispose of real property; in what cases. 2350. Contents of petition. 2351. Bond of committee of lunatic, etc. 2352. Id.; of guardian of infant. 2353. Bond; how prosecuted. 2354. Reference to inquire into the application. 2355. Final order. 2356. Report of sale, etc. 2357. Certain sales, etc., prohibited. 2358. Effect of conveyance, etc. 2359. Proceeds of sale deemed real property. 2361. Disposition of proceeds; accounting. 2362. Particular estates; when included in sale. 2364. Debts of infant, etc., to be paid equally. S2345. Action to compel conveyance.- In either of the following cases, an action may be maintained against an infant, or a person incompetent to manage his affairs by reason of lunacy, idiocy, or habitual drunkenness, to procure a judgment, directing a conveyance of real property, or of an interest in real property: 1. Where the infant or incompetent person is seized or possessed of the real property, or interest in real property, by way of mortgage, or only in trust for another. 2. Where a valid contract for the sale or conveyance of the real property, or interest in real property, ha been made; but a conveyance thereof cannot be mad by reason of the infancy or incompetency of the pe in whom the title is vested. ist eilly v. Arb. 348; 2351. Bond of committee of lunatic, etc.-An application to sell, mortgage, or lease real property, or an interest in real property, of a lunatic, idiot, or habitual drunkard, cannot be granted, unless a committee of his property has been appointed. Upon such an application, if it is made by the committee, the court must make an order, directing him to file with the clerk, a bond, in such a form, in such an amount, and with such sureties, as it directs, conditioned for the faithful discharge of his trust; for the paying over and investing of, and accounting for, all money received by him in the special proceeding, according to the direction of any court having authority to give directions in the premises; and for the observance of the directions of the court, in relation to the trust. If the application is made by any other person, an order must be made thereupon, requiring the committee to show cause why he should not file such a bond. If, after hearing the committee, the court is of opinion, that there is probable cause for granting the application, it may make an or der, requiring the committee to file such a bond; or, if the committee so elects, or fails to file the bond as directed in the order, it may appoint a suitable person to be the special guardian of the incompetent person, with respect to the proceedings; who must thereupon file such a bond. Id., 14; L. 1864, ch. 417, 8 3 (6 Edm. 291), and L. 1874, ch. 446, 8 (9 Edm. 931). Rule 60; Anonymous, 4 How. 414; Matter of Spelman, 74 N. Y. 448; Matter of Wilson, 2 Paige, 412; Matter of Tillotsons, 2 Edw. Ch. 113; Battell v. Torrey, 65 N. Y. 294. § 2352. Id.; of guardian of infant.-Upon an applica tion to sell, mortgage, or lease real property, or an interest in real property, of an infant, the court must appoint a suitable person to be the special guardian of the infant, with respect to the proceedings; who must thereupon file with the clerk a bond, as prescribed in the last section. 2 R. S. 194, 22 171 and 172 (2 Edm. 202). Rules 59 and 60; Anonymous, 4 How. 414; Ex parte Thorne, 1 Edw. Ch. 507. 2353. Bond; how prosecuted.-Upon a breach of the condition of a bond, given as prescribed in either of the last two sections, the court must direct it to be pros ecuted for the benefit of the person injured. Id., 173; L. 1864, ch. 417, 2 3 (6Edm. 291), and L. 1874, ch.446, 8 (9 Edm. 931): Salisbury v. Van Hoesen, 3 Hill, 77; Brown v. Snell, 57 N. Y. 286; Brown v. Balde, 3 Lans. 283; Stillwell v. Mills, 19 Johns. 304. § 2354. Reference to inquire into the application. Upon the presentation of the petition, and the filing of the bond, the court must make an order, appointing a suitable person a referee, to inquire into the merits of the application. The referee must examine into the truth of the allegations of the petition; hear the allega tions and proofs of all persons interested in the prop erty, or otherwise interested in the application; and report his opinion thereupon, together with the testi. mony, with all convenient speed. 2 R. S. 54, 12 (2 Edm. 55); L. 1864, ch. 417, 8 4 (6 Elm. 291); L. 1874, ch. 446, 288 and 18, and id., 238 (9 Edm.929, 931, 932), and 2 R. S. 194, 174. Matter of McIlvane, 15 Abb. Pr. 91; Matter of Morgan, 4 Paige, 44; Matter of Lansing, 3 id. 265; Matter of Valentine, 72 N. Y. 184. § 2355. Final order.—Upon the filing of the referee's report, and after examining into the matter, the court must make a final order upon the application. In a proper case, a final order, confirming the referee's report, must direct that the real property, or term, estate or other interest in real property, or a part thereof, as is necessary, or as justice requires, be mortgaged, let for a term of years, sold, or conveyed, by the special guardian, appointed as prescribed in this title, or by the committee of the property of the lunatic or other incompetent person. The final order may also contain such directions, respecting the time, manner, and conditions of a sale or conveyance directed thereby, as the court thinks proper to insert therein. 2 R. S. 54, 22 13, 16, 18, 19, 20, 22 (2 Edm. 55), and 2 R. S. 194, 22 167, 175; L. 1864, ch. 417,25 (6 Edm. 291); L. 1874, ch.446, 229, 19, 22, 23, 26, and id. 38 (9 Edm. 929-933). Matter of Valentine, 72 N. Y. 184; Parkinson v. Jacobson, 13 Hun, 317; Matter of Bookhout, 21 Barb. 348; Matter of Hyatt, 11 N. Y. 52. § 2356. Report of sale, etc.- Before a sale, mortgage, or lease can be made, pursuant to the final order, the special guardian, or the committee, must enter into an agreement therefor, subject to the approval of the court; and must report the agreement to the court, under oath. Upon the confirmation thereof, by the order of the court, he must execute, as directed by the court, a deed, mortgage, or lease. Where the final order directs the execution of a conveyance in the first instance, for the purpose of fulfilling a contract, or be |