Rhode Island General Laws 33-21-5. Order for sale of real estate
Whenever a town shall have been in possession of any real estate under the provisions of § 33-21-1 for ten (10) years without any person having claimed the same as heir at law, devisee, legatee, or legal representative of the deceased person, and shall, by complaint setting forth all the known facts in relation to the title and possession of the real estate and in relation to the person who died leaving the property, apply to the superior court for leave to sell and convey the real estate, the court shall order such notice of the pendency of the complaint as may to the court seem proper, and may, after the return of the notice and the hearing of all persons interested in the real estate, order the sale and conveyance of real estate in such manner and upon such terms and conditions as the court shall prescribe.
History of Section.
C.P.A. 1905, § 963; G.L. 1909, ch. 317, § 8; G.L. 1923, ch. 368, § 8; G.L. 1938, ch. 582, § 8; G.L. 1956, § 33-21-5.
Terms Used In Rhode Island General Laws 33-21-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Legatee: A beneficiary of a decedent
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9