Me. Rev. Stat. » Title 33
Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 153 (2026)

Sale or mortgage of estates subject to contingent remainders

✓ current as of May 2026
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1.  Sale or mortgage.  When real estate is subject to a contingent remainder, executory devise or power of appointment, the Superior Court, the District Court or the Probate Court for the county or district in which the real estate is situated may, upon the petition of any person who has an estate in possession in the real estate and after notice and other proceedings as required, appoint one or more trustees and authorize the trustee or trustees:  
A. To sell and convey the estate or any part of the estate in fee simple, if such a sale and conveyance appears to the court to be necessary or expedient; or   [PL 1999, c. 547, Pt. A, §4 (NEW).]
B. To mortgage the estate, either with or without power of sale, for such an amount, on such terms and for such purposes as may seem to the court judicious or expedient.   [PL 1999, c. 547, Pt. A, §4 (NEW).]
The conveyance or mortgage is valid and binding upon all parties.  
[PL 1999, c. 547, Pt. A, §4 (NEW).]
2.  Petition.  The petition must set forth the nature of the petitioner's title to the real estate, the source from which the title was derived, the names and addresses of all persons known to be interested in the real estate and any other facts necessary for a full understanding of the matter.  
[PL 1999, c. 547, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 547, §A4 (RPR).
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Notes of Decisions
Cited in 3 cases, 1990–2016 · leading case: Boyer v. Boyer, 1999 ME 128 (Me. 1999).
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Boyer v. Boyer, 1999 ME 128 (Me. 1999). · cites it 4× “[¶ 14] Regardless of how those phrases are defined, however, the language of 33 M.R.S.A. § 153 (1999) precludes a conclusion that a sale of property at the request of a life tenant falls within the equitable jurisdiction of the District Court.”
West v. Williams, 568 A.2d 823 (Me. 1990). “Neal, appeal the court’s decision, arguing that the court lacked jurisdiction, that West failed to prove she was in necessitous circumstances, and that the court failed to protect the interests of the remaindermen.”
Sleeper v. Loring (Me. Super. Ct 2016). “See 33 M.R.S. § 153(1); 4 M.R.S. § 152(5)(L); Boyle v.”
— Me. Rev. Stat. tit. 33, § 153(1) — 1 case
Sleeper v. Loring (Me. Super. Ct 2016). “See 33 M.R.S. § 153(1); 4 M.R.S. § 152(5)(L); Boyle v.”
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