
    Upon the Petition of Thomas R. Williams.
    I'he certificate of the register of probate is sufficient, where a guardian, &c., petitions for license to sell the real estate of his minor, &c., for the payment of debts; where the petition is for license to sell more of the estate than is necessary for the payment of the debts upon the ground that by a partial sa e the residue will be greatly injured, the judge’s certificate is required.
    This was a petition of a guardian of a minor, setting forth that Zhe personal estate of his ward was insufficient for the payment of his just debts, and praying for authority to sell so much of his real estate as shall be necessary for that purpose.
   The petition was accompanied with a certificate from the probate office, signed by the register of probate, in support of the allegations in the petition.

Some of the Court doubted at first whether a certificate from the judge of probate was not necessary; but upon consideration, and looking into the statute , they were all of * opinion that the judge’s certificate is required only in [ * 398 j cases where application is made for authority to sell more of the real estate than is necessary for the payment of the debts, upon the ground that, by a partial sale, the residue will be greatly injured. In other cases, a certificate from the register is sufficient . 
      
       1783, c. 32.
     
      
       [See the Revised Statutes.—Ed.]
     