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plus proceeds of any sale of real estate made in the course of such administration, and the bonds hereafter executed of all executors and administrators shall be responsible for the proceeds of sale of all real estate sold by them under the order of the said justice for such purposes of administration: Provided, however, That no such sale shall be made unless the same be required for the purposes of paying debts and such legacies as are chargeable upon the real estate, nor until the auditor of the court shall have ascertained and reported [a deficiency of personal assets for such purposes;] such debts and legacies, the deficiency of personal assets, and the real estate necessary to be sold for the payment of debts and legacies; and such report shall be subject to exception (32 Stat., Part I, p. 527).
Sec. 147. An order for the sale of the real estate shall not be granted if any of the persons interested in the estate shall give bond to the United States, with security to be approved by said court, conditioned to pay all the debts or legacies, or both, as the case may be, that shall eventually be found due, and the costs of administration.
Sec. 148. If the said court shall be satisfied, upon a report of the auditor, that it is necessary to sell said real estate, or part thereof, it shall authorize the same, or so much thereof as may be necessary for the payment of the debts or legacies, or both, to be sold by the executor or administrator, on such terms as the court may direct. Any surplus of the proceeds of such sale, after payment of debts and legacies and costs of administration, shall be deemed real estate, and shall be distributed among the heirs or devisees as the right may appear.
App., 243; sec. 89.
Sec. 149. WIDOW'S DOWER.-Where there shall be a Hasler v. Wilwidow entitled to dower in the real estate of the decedent, 295; liams, 37 L. R., the court, before authorizing a sale of said real estate, Young, is D. C. shall issue a commission to one or more suitable persons to set off and assign her dower out of such estate, and her dower shall be assigned to her; or, if the court shall find the widow's dower can not be set off without injury to the property, if she shall consent thereto by her answer to the petition, the real estate may be sold free of her dower, and she shall receive out of the proceeds a commutation of her dower according to the practice in equity.
Sec. 150. GUARDIANS.-The said court shall have Sec. 1125, etc.; power to appoint a guardian or guardians to any infant R. S. D. C., 937. orphan entitled to any property, real, personal, or mixed, within the District, or whose person and residence may
be within the District, except where such orphan may have a testamentary guardian.
Sec. 151. BOND. The court shall require of guardians R. S. D. C., 938. so appointed, and of testamentary guardians, unless it be otherwise directed by the will appointing them, bond, with suflicient security, conditioned for the due discharge of their duties.
R. S. D. C., 939.
R. S. D C., 941, etc.
R. S. D. C., 945; secs. 128, 1572.
R. S. D. C., 946.
Secs. 165, 1136.
Thaw . Falls,
Sec. 152. When any infant whose father or mother may be living shall, by gift or otherwise, be entitled to any property, the court may require the father or mother, as guardian, to give bond and security to account for the property, and on his or her failure or refusal so to do may appoint another person guardian, who shall give bond as in other cases.
Sec. 153. The court may at any time require any guardian to give bond or additional bond, when the interests of the infant require it, and on his failure or refusal so to do may revoke his appointment and appoint another guardian in his place, and require the estate of the infant to be forthwith delivered to the newly appointed guardian, and may direct him to bring suit upon the bond of his predecessor.
Sec. 154. COUNTER SECURITY.-If any surety of a guardian shall by petition set forth that he apprehends himself to be in danger of loss in consequence of his suretyship, and shall pray the court that he may be relieved, the court, after summoning the guardian to answer said petition, may require him to give counter security to indemnify his original surety or to deliver his ward's estate into the hands of the surety or of some other person; in either of which cases the court shall require sufficient security to be given by the person into whose hands said estate shall be delivered, and make such other order as may seem just.
Sec. 155. ELECTION OF GUARDIAN.-Every orphan or other infant to whom said court is authorized to appoint a guardian shall be entitled, on arriving at the age of fourteen years, notwithstanding any appointment of guardian before made by the court, to elect a guardian for himself; but such guardian must be approved by the court and shall be required to give bond as in other cases, and be subject to the control of the court as other guardians are.
Sec. 156. SALE OR EXCHANGE OF INFANT'S REAL ES29 D. C. App., 433. TATE.-Whenever the guardian or, in case of his refusal 136 U. S., 519; to act, a next friend of any infant shall deem that the R. S. D. C., 957. interests of the ward will be promoted by a sale of his
R. S. D. C., 959.
freehold or leasehold estate in lands, for the purpose of reinvesting the proceeds in other property, or by an exchange of his said property for other property, he may file a bill in said court, verified by his oath, setting forth all the estate of said infant, real and personal, and all the facts which, in his opinion, tend to show whether the infant's interest will be promoted by said sale or exchange
Sec. 157. The infant, together with those who would succeed to the estate if he were dead, shall be made parties defendant; and it shall be the duty of the court to appoint some fit and disinterested person to be guardian ad litem for the infant, who shall answer the bill under oath. The infant also, if above the age of fourteen, shall answer the bill in proper person, under oath.
Sec. 158. Every fact material to determine the propriety of such sale or exchange shall be clearly proved by disinterested witnesses, whose testimony shall be taken in writing in the presence of the guardian ad litem or upon interrogatories agreed upon by him.
R. S. D. C., 960.
Sec. 159. If the court shall be satisfied from the evi- R.S.D.C., 961. dence that the interests of the infant require a sale or exchange, as prayed, and the rights of others will not be violated thereby, such sale or exchange may be decreed, and the cost of the suit shall be paid out of the infant's estate; otherwise they shall be paid by the complainant.
Sec. 160. Any such sale may be made upon such terms as to cash and credit as the court may direct, and a lien shall be retained on the property sold for the purchase money; and the proceeds of such sale shall be invested for the infant's benefit in other real estate or in such other manner as the court may direct; and if the infant, after any such sale, shall die intestate or under twenty-one years of age, the proceeds of such sale, or so much thereof as may remain at his death, if not reinvested in other real estate, shall be considered as real estate, and shall pass accordingly to such persons as would have been entitled to the estate if it had not been sold.
Sec. 161. In decreeing an exchange of the infant's estate for other property the court shall not be bound to require equality or sameness in the quantity or character of the estate or interest, and the court may appoint trustees to execute the deeds necessary to carry such exchange into effect.
Sec. 162. SALE OF PARTICULAR ESTATE OR REMAINDER. Where an infant is entitled to a particular estate, as for life or years, and another person is entitled to an estate in remainder or reversion or executory devise in the same property, or such other person is entitled to the particular estate and the infant is entitled in remainder or reversion or by way of executory devise, the court shall have the same power to decree a sale or exchange as aforesaid, having reference solely to the interests of the infant: Provided, The other person so interested will consent to such sale or exchange and execute the conveyances necessary to carry the same into effect. And the court shall direct the annual income from the fund or property acquired by such sale or exchange to be applied according to the interests of the respective parties. And in case of the death of said infant under twenty-one years of age the proceeds of any such sale not invested in real estate shall be deemed real estate and pass to those who would be entitled if the property had not been sold.
R. S. D. C., 965, etc.
Morse v. U. S., 29 D. C. App., 433.
Thaw v. Falls,
136 U. S., 519. Trust Co. v.
Muse, DD. C.
App., 20; 7 D.
Sec. 163. LEASE OF INFANT'S ESTATE.-In cases where it shall appear to the court that it will be to the advantage of the infant that his real estate shall be demised, App., 149. the said court shall have the power to decree that the same be so demised for a term of years not to exceed the minority of the infant, yielding such rents and on such
terms and conditions as the court may direct: Provided, That where the infant is entitled to only a part of the estate as tenant in common, joint tenant, tenant of the particular estate, or remainderman, or otherwise, all the owners of the other interests assent to the passing of such decree.-Act of June 30, 1902 (32 Stat., Part I, p.527). (Repealed.)
[Sec. 163. LEASE OF INFANT'S ESTATE. In cases where it shall appear to the court, by proof taken in a similar proceeding to that provided for in the foregoing sections, that it will be to the advantage of the infant that his real estate shall be demised, the said court shall have the power to decree that the same be so demised for a term of years not to exceed the minority of the infant, yielding such rents and on such terms and conditions as the court may direct: Provided, That where the infant is entitled only to a part of the estate, as tenant of the particular estate, or remainder-man, or otherwise, all the other owners of the other interests assent to the passing of such decree.]
Sec. 164. MORTGAGE OF INFANT'S ESTATE.-In cases where it shall appear to the court by proof, [as provided in the foregoing section,] that it would be for the benefit and advantage of the infant to raise money by mortgage for his maintenance or to improve his real property or to pay off charges, liens, or incumbrances thereon, the court may, on the application of the guardian or of the infant by next friend, decree a conveyance of said property, by mortgage or deed of trust, to be executed by the guardian, on such terms as may seem to the court expedient; and this section shall apply to cases where the infant holds jointly or in common with other persons of full age or holds a portion of the estate, as a particular estate, for life or years or in remainder or reversion: Provided, That the other owners interested, all being of full age, will consent to such decree and unite in said mortgage or deed of trust.
Sec. 165. SALE OF INFANT'S PRINCIPAL FOR MAINTENANCE, AND SO FORTH.-Wherever it shall appear, upon the petition of the infant by next friend or of the guardian of an infant, and the appearance and answer of such infant by guardian to be appointed by the court, and proof by depositions of one or more disinterested witnesses, that a sale of the principal of the infant's estate, or of some part thereof, whether real or personal, is necessary for his maintenance or education, regard being had to his condition and prospects in life, the said court may decree such sale on such terms as to it may seem proper. (32 Stat., 527.)
Sec. 166. INDIGENT BOYS.-The court shall have power to appoint guardians to indigent boys for the purpose of securing their enlistment in the naval or marine service of the United States, as provided by law, free of all costs on account of such proceeding.
[Sec. 167. LUNACY PROCEEDINGS.-All writs de lunatico inquirendo shall issue from said probate court, and the justice holding said court shall preside at all inquisitions of lunacy, and, when necessary, may
use a jury from either the circuit or criminal court, or may cause a special jury to be summoned for such inquisitions.]
[Sec. 168. ESTATES OF LUNATICS.-The said court shall have full power and authority to superintend and direct the affairs of persons non compos mentis, and to appoint a committee or trustees for such persons, and to make such orders and decrees for the care of their persons and the management and preservation of their estates, including the collection, sale, exchange, and reinvestment of their personal estate, as to the court may seem proper. The court may, upon such terms as under the circumstances of the case it may deem proper, decree the conveyance and release of any right of dower of a person non compos mentis, whether the same be inchoate or otherwise.]
[Sec. 169. The court shall have the same power in respect of the freehold or leasehold estates of such persons as is provided for in relation to the estates of infants, to be exercised upon the application of the guardian, trustee, or committee of such person; and upon the death of any such person non compos mentis the proceeds of any sale of his estate which may have been invested otherwise than in real estate shall be deemed real estate, and shall descend as the property or estate would if it had not been sold.]
[Sec. 170. The said court may order any part of the estate of a person non compos mentis, for whom a committee, guardian, or trustee has been appointed, to be sold, when necessary for his maintenance, upon application of said committee, guardian, or trustee, and full proof of the necessity of such sale. Upon the application of any judgment creditor of a person non compos mentis the court may decree a sale of the real or personal estate of such non compos mentis, or such part thereof as may be necessary to pay the claim of such creditor, upon being satisfied that such claim is just and there are no other means of paying the same.]
[Sec. 171. No sales of the property of infants or persons non compos mentis made by authority of the aforegoing sections shall be valid and effectual to pass title to the property sold until they have been reported to and ratified by the court.]
[Sec. 172. DRUNKARDS.-Whenever any person residing in said District, and owning any estate, real or personal, situate therein, is unfit from the habitual use of intoxicating liquors to properly manage or con'trol the same, the said court, on the petition of any creditor or relative of such person, or if there be no creditor or relative, upon the petition of any person living in said District, and upon summons being regularly served upon such person so alleged to be unfit to manage or control his property as aforesaid, commanding him to appear and answer such petition, may order a jury to be summoned to ascertain whether such person be an habitual drunkard and unfit from that cause to manage and control his property, and if the jury shall find that such person is an habitual drunkard and unfit to manage or control his property, such finding when confirmed by the court, shall be entered of record in said cause, and it shall be the duty of the court thereupon to appoint some fit person to be committee of the person so declared unfit to manage or control his property as aforesaid.
Such committee before entering upon the discharge of his duties shall execute a bond, with surety, to be approved by the said court or one of the justices thereof, to the United States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of such person, conditioned for the faithful performance of his duties as such committee; and he shall have control of the said estate, real and personal, with power to collect all debts due said drunkard, and to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. He shall apply the annual income of the estate of such habitual drunkard to the support of said person, and the maintenance of his family and education of his children; and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots. When any person for whom a committee has been appointed under the provisions of this section shall become competent to manage his property on account of reformation in his habits, he may apply to said court to have said committee discharged and the care and control of his property restored to him; and if it shall appear by the verdict of a jury