When estate may be sold.

Same.

Proceeds,how applied.

Same.

Order for sale.

How obtained

probate court may order, and he shall return to said court such additional inventories, whenever any further property belonging to said estate, not included in previous inventories, shall come to his hands; and if there be no estate, he shall return the fact under oath. Each of such inventories shall be sworn to by the guardian, and the property comprised therein shall be appraised by appraisers, who shall be appointed and shall proceed in the manner provided by laws regulating the settlement of the estates of deceased persons, and, when so appraised, it shall be recorded by the Clerk of the probate court in a proper book kept in his office for that purpose.

568. SEC. 21. When the income of the estate of any person under guardianship shall not be sufficient to maintain the ward and his family, or to educate his family, or to educate the ward when a minor, his guardian may sell his real or personal estate for that purpose, upon obtaining an order therefor, and proceeding therein as provided in this Act.

569. SEC. 22. When it shall appear to the satisfaction of the court, upon the petition of the guardian, that it would be for the benefit of his ward that his real estate, or some portion thereof, should be sold, in order that the proceeds thereof may be put out at interest, or invested in some productive stock, or in the improvement or security of any other real estate of said ward, his guardian may sell the same for such purpose, upon obtaining an order therefor, and proceeding therein as provided in this Act.

570. SEC. 23. If the estate is sold for the purpose mentioned in the twentieth section of this Act, the guardian shall apply the proceeds of the sale to such purpose, so far as necessary, and shall put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital shall be wanted for the maintenance of the ward and his family, or the education of his children, or for the education of the ward when a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.

571. SEC. 24. If the estate is sold for the purpose of putting out or investing the proceeds, as provided in this Act, the guardian shall make the investment according to his best judgment, or in pursuance of any order that may be made by the probate court.

572. SEC. 25. To obtain an order for such sale, the guardian shall present to the probate court of the county in which he was appointed guardian, a petition therefor, setting forth the condition of the estate of his ward, and the facts and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale; which petition shall be verified by the oath of the petitioner.

573. SEC. 26. If it shall appear to the court or Judge, from such petition, that it is necessary or would be beneficial to the ward that such real estate, or some part of it, should be sold,

or that the real and personal estate should be sold, the court or Judge shall thereupon make an order directing the next of kin of the ward, and all persons interested in the estate, to appear before such court at a time and place therein specified, not less than four nor more than eight weeks from the time of making such order, to show cause why an order should not be granted for the sale of such estate. If it appear that it would be necessary, or would be beneficial to the ward, to sell the personal estate, or some part of it, the same proceedings shall thereupon Proceedings be had in reference to notice of the application, and to ordering tion. a sale, and maling such sales as are provided in relation to sales of personal estate by executors or administrators.

on applica

574. SEC. 27. A copy of the order shall be personally Notice. served on the next of kin of such ward, and on all persons interested in the estate, at least fourteen days before the hearing of the petition; or shall be published at least three successive weeks in some newspaper printed in the county, to be designated by the court or Judge; or if there be none printed in the county, then in such newspaper as may be specified by the court or Judge in such order.

575. SEC. 28. The probate court, at the time and place Hearing. appointed in such order, or such other time as the hearing shall be adjourned to, upon proof of the due service or publication of the order, shall hear and examine the proofs and allegations of the petitioner, and of the next of kin, and all other persons interested in the estate, who shall think proper to oppose the application.

may be

576. SEC. 29. On such hearing the guardian may be ex- Guardian amined on oath, and witnesses may be produced and examined examined. by either party, and process to compel their attendance and testimony may be issued by the Probate Judge, in the same manner and with like effect as in other cases.

577.

SEC. 30. If any person shall appear and object to costs. the granting of any order prayed for under the provisions of this Act, and it shall appear to the court that either the petition or the objection thereto is unreasonable, said court may, in its discretion, award costs to the party prevailing, and enforce the payment thereof.

for sale may

578. SEC. 31. If, after a full examination, it shall appear When order to the court, either that it is necessary or would be for the be granted. benefit of the ward that his real estate, or some part of it, should be sold, such court may grant an order therefor, specifying therein for which of the causes or reasons mentioned in sections twenty and twenty-one of said Act said sale is necessary or proper; and said court may, if the same has been prayed for in the petition order such sale to be made, either at public or private sale, upon like proceedings and in the manner as provided by law in case of a sale of real estate by an executor or administrator, and subject to the same proceedings in relation to the confirmation or rejection of the sale, or the resale thereof. 579. SEC. 32. Every guardian authorized to sell real

To give bond estate, as aforesaid, shall, before the sale, give bond to the before sale. Probate Judge, with sufficient security, to be approved by such

Notice of sale.

Return.

Order, time in force.

Limitation

recovery o!

Judge, with condition to sell the same in the manner prescribed by law for sales of real estate by executors and administrators; and to account for and dispose of the proceeds of the sale in the manner provided by law.

580. SEC. 33. He shall also give public notice of the time and place of sale, and shall proceed therein in like manner as prescribed in the case of a sale of land by an executor or administrator; the same proceedings shall be had as to the return of the sale and the confirmation thereof, and the order to execute a conveyance, as is prescribed in regard to sales of land made by executors or administrators, and the confirmation shall have the same force and effect.

581. SEC. 34. No order of sale, granted in pursuance of this Act, shall be in force more than one year after granting the same.

582. SEC. 35. No action for the recovery of any estate, of actions for sold by a guardian under the provisions of this Act, shall be property sold maintained by the ward, or by any person claiming under him, unless it be commenced within three years next after the termination of the guardianship, excepting only that minors and others under legal disability to sue at the time when the cause of action shall accrue, muy commence their action at any time within three years next after the removal of their respective disabilities.

Settlement of guardian.

Investment of proceeds of sale.

Removal or

583. SEC. 36. The guardian shall, upon the expiration of a year from the time of his appointment, and as often thereafter as he may be required, present his account to the probate court for settlement and allowance; and all the laws relative to the accounts of executors and administrators shall govern in regard to the accounts of a guardian, so far as they can be made applicable.

384. SEC. 37. The probate court, on the application of a guardian, or of any person interested in the estate of any ward, after such notice to all persons interested therein as the Probate Judge shall direct, may authorize and require the guardian to invest the proceeds of sales, and also any other money in his hands, in real estate, or in any other manner that shall be most to the interest of all concerned therein; and the said probate court may make such further orders, and give such directions as the case may require, for managing, investing, and disposing of the estate and effects in the hands of the guardian.

585. SEC. 38. When any guardian, appointed either by resignation. the testator or by the Probate Judge, shall become insane or otherwise incapable of discharging his trust, or evidently unsuitable therefor, or shall have wasted or mismanaged the estate, the Probate Judge, after notice to the guardian, may remove him; and every guardian may, upon request, be allowed to resign his trust, when it shall appear to the Probate Judge proper to allow the same; and upon every such resignation or

removal, and upon the death of any guardian, the Probate Judge may appoint another in his place.

ship, how

586. SEC. 39. The marriage of any person who is under Guardianguardianship as a minor shall terminate such guardianship; terminated. and the guardian of any insane person, or other person, may be discharged by the Probate Judge when it shall appear to him, on the application of the ward, or otherwise, that such guardianship is no longer necessary.

renew bonds.

587. SEC. 40. The Probate Judge may require a new bond Required to to be given by any guardian, whenever he shall deem it necessary, and may discharge the existing sureties from further liability, after due notice given, as such court may direct, when it shall appear that no injury can result therefrom to those interested in the estate.

to be filed.

588. SEC. 41. Every bond given by a guardian shall be where bonds filed and preserved in the office of the Clerk of the probate court of the county; and in case of the breach of any condition thereof, may be prosecuted in the name of the ward, for the use and benefit of such ward, or of any person interested in the estate.

actions on

589. SEC. 42. No action shall be maintained against the Limitation of sureties in any bond given by a guardian, unless it be com- bond. menced within three years from the time when the guardian shall have been discharged; provided, that if at the time of such discharge, the person entitled to bring such action shall be under any legal disability to sue, the action may be commenced at any time within three years after such disability be removed.

property of

ward.

590. SEC. 43. Upon complaint made to the Probate Judge Embezzling by any guardian, or by the ward, or by any creditor, or by any other person interested in the estate, or by any person having any prospective interest therein as heir or otherwise, against any one suspected of having concealed, embezzled, or conveyed away any of the money, goods, or effects, or any instrument in writing belonging to the ward, the Judge may cite and examine such suspected person, and proceed with him as to such charge in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate.

guardians

591. SEC. 44. When any minor, or other person liable to Non-resident be put under guardianship, according to the provisions of this is Act, shall reside without this territory, and shall have any estate for. therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the Probate Judge of any county in which there may be any estate of such absent person, and after notice given to all interested, in such manner as the Judge shall order, by publication or otherwise, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person. 592. SEC. 45. Every guardian appointed under the provisions of the preceding section shall have the same powers and

Powers and such guard

duties of

ians.

Bond.

Guardianship extent of.

Expenses and compensation

More than, one guardian.

Accounts,

allowance of.

Conditions of sale of real estate of minors.

perform the same duties, with respect to any estate of the ward that shall be found within this territory, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed under this Act.

593. SEC. 46. Every such guardian shall give bond to the ward, in the manner and with the like condition as herein before provided with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and such effects as shall come to his hands in this territory.

594. SEC. 47. The guardianship which shall be first lawfully granted, of any person residing without this territory, shall extend to all the estate of the ward within the same, and shall include the jurisdiction of the probate court of every other county.

595. SEC. 48. Every guardian shall be allowed the amount of his reasonable expenses, incurred in the execution of his trust, and he shall also have such compensation for his services as the court in which his accounts are settled shall deem to be just and reasonable.

596. SEC. 49. The court, in its discretion, whenever the same shall appear necessary, may appoint more than one guardian of any person subject to guardianship, who shall give bond and be governed and liable in all respects as is provided respecting a sole guardian.

597. SEC. 50. When an account is rendered by two or more joint guardians, the Probate Judge may, in his discretion, allow the same upon the oath of any of them.

598. SEC. 51. All sales of real estate of minor heirs, made for the benefit of said minor heirs, in accordance with the provisions of this Act, shall be for cash, or for part cash and part deferred payments, not to exceed three years, bearing date from date of sale, as in the discretion of the Probate Judge may be most beneficial to said minor heirs. Guardians making the sales aforesaid shall demand and receive from the purchasers bond and mortgage on the real estate so sold, with such additional security as the Judge may deem necessary and sufficient to secure the faithful payment of the deferred payments and the interest thereon.

Paternity,

how established.

An Act to provide support for illegitimate children, and other matters relating thereto.

599. SECTION 1.

Approved March 1, 1883, 98.

Under this Act the paternity of any illegitimate child shall be established by mutual agreement of