Page:United States Statutes at Large Volume 31.djvu/1423

FIFTY-SIXTH CONGRESS. Sess. II. C11. 854. 1901.. 1371 in life; and the court, if it shall deem it advantageous to the ward, may allow the guardian to exceed the income of the estate and to ma e use of the principal and sell the same or part thereof, under its order, as hereinbefore provided in subchapter three of chapter one; but no guardian shall sell any pro erty of his ward without an order of the court previously had therefhr. . Sec. 1136. SALE or REALTY.-—Wh€DGVBf any guardian shall think S“]° °‘ mlty- that the interests of his ward will be promoted by a sale of his real estate for the purpose of reinvesting the proceeds in other property or securities, he may make application therefor to the court, and such proceedings shall be had thereupon as directed in subchapter three of chapter one, aforesaid. Sec. 1137. ALLowANGEs.——Any allowance which may be made to a A¤¤W¤¤¤¤¤~ guardian for the clothing, su(pport, maintenance, education, or other expenses incurred for the war or his estate, before said uardian shall have given bond or been appointed, shall have the same egect and operation in law as if the same liadbeen made subsequently to the appointment of said uardian and his giving bond. . Sec. 1138. %U'RETY.·-—If any surety of a guardian, setting forth by S“’°‘Y- petition that he ap rehends himself to be in danger of suffering by said suretyship, shall (pray to be relieved, the court, after service of a simmons on the guar ian to answer the petition, may order him to give counter security for the indemnity of the original surety, or to eliver the ward’s estate into the hands of the surety or of some other person; in either of which cases the person into whose hands the ward’s estate shall be delivered shall be required to give suificient security for the proper management and application of the same, and such further order may be passed for the relief of the petitioner as may seem just. ° Sec. 1139. FINAL AGGoUNcr.—On the arrival of any ward at the age FMI °°°°“¤¤ of twenty-one years the guardian shall exhibit afinal account of his ~ trust to the court, and shall deliver up, agreeably to the court’s order, to the ward all the property of said ward in his hands, including bonds and other securities, and on his failure so to do his bond may be put in suit in the name of the United States for the use of the (party . mterested, and he may be attached, as herein elsewhere provide . Sec. 1140. HUSBAND AS GUARDIAN.—Wl1€H€V€T any female infant, ,,,g“sb"“d ” g‘“‘d` to whom a uardian of her estate has been a pointed, shall marry she may select ger husband as the guardian of her said estate, with the approval of the court, and after he is duly appointed and qualified by giving bond, as is required in other cases, the powers of the guardian previously appointed shall cease, and he shall settle his iinal account and turn over his ward’s estate to her husband, agreeably to the order and directions of the court. Y _ _ Sec. 1141. NONRESIDENT IN`FANT.—-WIIGHBVGT any infant or lunatic l`°‘“°“d°”‘ ‘“m“· residing without the District, but within the United States, is entitled to property in the District or to maintain any action therein, a general guardian of his estate, appointed by a court of competent ]urisdiction 1n the State or Territory where said infant or lunatic resides, may __ _ a ply to the court, by petition, for ancillary letters of guardianship. {,;g"§°g§§;,s*‘Q,§. g*},‘§,‘;§j Sgid petition must be under oath and be accompanied with duly certi- disuship. etctied copies of the record and proceedings, showing the appointment of said guardian, and that he has given a sufficient bond to account for all roperty and money that may come into his hands by virtue of the authority hereby conferred. The court may thereupon issue to said guardian ancillary letters of guardianship, without bond and without citation, or may cite such persons as it may think proper, to show cause wh the said a" plication s ould be refused. _ _ . {EC. 1142. gums BY ANCILLARY GUARDIAN.—·UpOD the granting of Sug*,§$,’;f*{,@_g“%*¤d*““~ said ancillary letters the said guardian shall be entitled to institute I