Page:United States Statutes at Large Volume 31.djvu/529

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 7 86. 1900. 477 CHAPTER EIGHTY-N1Nn. or THE SALE OF LANDS BY GUARDIAN, AND DISPOSITION or riiocmans. Sec. Sec. 918. When guardian may sell real prop- 931. When foreign guardian may file copy erty of ward. of his appointment. 919. Proceeds to be placed on interest. 932. When foreign guardian may be ’li- 920. Application of proceeds. censed to sell. 921. Investment of proceeds. 933. Where proceedings may be insti- 922; Residue, when considered as real tuted. — - . estate. 934. Disposition of residue of proceeds. 923. Petition for license to sell. 935. Costs, when to prevailing parties. 924. Qrder to show cause. . 936. Limitation of suitsto recover estates 925. Service of order. sold by guardian. 926. When certidcate of commissioners 937. irregularities not to avoid necessary. · . sa e. » 927. Bond of guardian. 938. Liabilitg of guardianfor misconduct. 928. His oath. 939. Sale, w en not held void, although 929. Notice of sale. irregular. 930. License, how long in force. Sec. 918. When the income of- the estate of any person under se}f¤:;{r¤¤¤r¤i¤;¤tm¤>; guardianship, whether as a minor, insane person, or spendthrift, shall wm. pr°P° y ° be insufficient to maintain the ward= and his family, his guardian; may sell his realestate for- that purpose, uplon obtaining a. license therefor and proceedipg therein in the manner ereinafter provided. Sec. 919. hen it shall appear upon the representation of any such plfcggcoggggerggt be guardian that it would be for the benefit of his ward that his real ` estate, or any part thereof, should be sold, and the proceeds- thereof be put out on interest or invested in some productive. stock, his guardian may sell the same accordingly, upon obtaining alicense therefor and proceedin therein as hereinafter provided. - Sec. 920. Lgthe estate be sold for the maintenance of the wardand Apspucauou or pmhis family, as provided in section nine hundred and- eighteen, the °°° ‘ guardian shall apply the proceeds of the sale for that purpose, so far as necessary an shall put out the residue, if any, on. rnterest, or invest it in the best manner in his power, until the capital shall be wanted for the maintenance of the ward and hisfamily, in which case the capital may be used for that plurpose, so far as may be necessary, in like manner- as if it had been the personal estate of the ward. Sec. 921. If. the estate is sold in order to put out and invest the $0- cegp¤¤¤¤¤¤¤ of pre ceeds as rovided in section nine hundred and nineteen, the guar S shall mage the investment. according to his best. judgment, or in pursuance of an order of the commissioner relating thereto. · Sec. 922. ln every case-of the sale of real estate. as provided in this Si§¤g=;g¤e.w1;en gmchapter, the residue of the proceeds, if any remain. upon the final set- ° ”.r°“ °S °°‘ tlement of accounts of the guardianship, shall be considered as real estate of the ward and shall, be disposed of among the same _ rsons and in the same manner as the real -estate would have been itpit had not been sold. · Sec. 923. In order to. obtain a license for such sale the guardian t01;g{{¢i¤¤ f¤r1i¤¤¤¤e shall present to. the commissioner of the precinct in which he was ` a pointed· guardian a petition therefor setting forth the condition of the estate of his ward and the facts and circumstances under which it is founded, tending to show the necessity or expediency of such a sale, which petition shall be verified by the oath o the petitioner. . Sec. 924. If it shall appear to the commissioner from such petition caggedsr ¢¤ ¤h<>w that it- is necessary or would be beneficial to the ward that such real ` estate or some art of it should be sold, he shall thereupon make an order directing &e next of kin of the ward and all persons interested in the estate. to aplpgzar before him at a time and place to be therein specified, not less t n four nor more than eight weeks from the time