Page:United States Statutes at Large Volume 49 Part 1.djvu/653

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74aa CONGRESS . SESS . I. CH. 510. AUGUST 12, 1935 . by law for the duties ,performed or expenses incurred, or has failed to make such payments as may be necessary for the benefit of the ward or the dependents of the ward, then and in that event the point ing > to ap- Administrator is hereby empowered by his duly authorized attorney to appear in the court which has appointed such fiduciary, or in any court having original, concurrent, or appellate jurisdiction over provisos .

said cause, and make proper presentation of such matters

Provided,

Suspension of pat- men u on refusal to T hat the Adminis trator, in his discret ion, may suspen d paymen ts to render account . a ny such guardia n, cura tor, con servato r, or ot her per son who shall neglect or refuse, after reasonable notice, to render an account to the Administrator from time to time showing the application of such p ayments for the benefi t of suc h incom petent o r minor benefic iary, or who shall neglect or refuse to administer the estate according to Appearance of Ad- law : Provided further That th e Admin istrato r is her eby aut horized mim str ato r as inter- ested part y .

and empowered to appear or intervene by his duly authorized attorney in any court as an interested party in any litigation insti- tuted by himself or otherwise, directly affecting money paid to such fiduciary under this section . Fi ducia ries ; app oint-

"Authority is mend ; costs of appoint- hereby granted f or the payment of any court or gatin g. other expenses incident to any investigation or court proceeding f or the appointm ent of any guar dian, c urator, conserv ator or other person legally vested with the care of the claimant or his estate or the removal of such fiduciary and appointment of another, and of expenses in connection with the administration of such estates by s uch fid uciaries , or in connect ion wit h any ot her cou rt proce eding h ereby a uthoriz ed, whe n such payment is auth orized by the Administrator . Payments to legal " ( 3) All or any part of the compensation, pension, emergency custodians. Vol . 46, p. 993. officers' retirement pay, or insurance the payment of which is sus- pended or withheld under this section may, in the discretion of the Administrator, be paid temporarily to the person having custody and control of the incompetent or minor beneficiary to be used solely for the benefit of such beneficiary, or in the case of an incompetent veteran, may be apportioned to the dependent or dependents, if any, of such veteran . Any part not so paid and any funds of a mentally i ncompet ent or i nsane v eteran n ot paid to the chief o fficer o f the institution in which such veteran is an inmate nor apportioned to his dependent or dependents may be ordered held in the Treasury to Disbursement of the credit of such beneficiary . All funds so held shall be dis- funds .

bursed under the order and in the discretion of the Administrator Balance remaining for the benefit of such beneficiary or his dependents . Any balance unpaid. remaining in such fund to the credit of any beneficiary may be paid to him if he recovers and is found competent, or, if a minor, attains majority, or otherwise to his guardian, curator, or conservator, or, in the event of his death, to his personal representative, except as provisos .

otherwise provided by law : Provided, That payment will not be Pa yments to per son- al representatives.

m ade to his pers onal re presenta tive if , under the law of the State of his last legal residence, his estate would escheat to the State Escheats. Provided further, That any funds in the hands of a guardian, curator, conservator, or person legally vested with the care of the b enefici ary or h is esta te, deri ved fro m compen sation, automat ic or term insurance, emergency officers' retirement pay, or pension, pay- able under said Acts, which under the law of the State wherein the beneficiary had his last legal residence would escheat to the State, shall escheat to the United States and shall be returned by such g uard ian, cura tor, cons ervat or, or pe rson lega lly veste d wi th th e ca re of the beneficiary or his estate, or by the personal representative of