Probate courts shall also have the power to grant petitions of executors, administrators, or guardians for leave to lay out, make, or dedicate highways, streets, or gangways upon lands of the deceased or ward, and to plat those lands into house lots, with streets, gangways, or open spaces: (1) in the case of executors or administrators, as preliminary to the sales of lands of the deceased, and (2) in the case of guardians, either as preliminary to the sale or as beneficial to the estate of the ward; provided, that no petition shall be granted except upon notice, as the court may require, and upon proof that the action will be beneficial to the estate.
History of Section.
C.P.A. 1905, § 741; G.L. 1909, ch. 308, § 8; G.L. 1923, ch. 359, § 8; G.L. 1938, ch. 570, § 8; G.L. 1956, § 33-19-13.