Page:United States Statutes at Large Volume 31.djvu/1267

 FIFTY-SIXTH CONGRESS. Sess. Il. Ch. S5;. 1901. _ 1215 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 a pear. Sec. 119. WIDOW°S DOWER.—VVl1€1'€ there shall be a widbw entitled “`id°W’¤ d<>“‘€¤ to dower in the real estate of the decedent, the court, before authorizing a sale of said real estate, shall issue a commission to one or more suitable persons to set off and assi n her dower out of such estate, and her dower shall be assigned to ger; or, if the court shall find the widow’s dower can not be set olf 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. GUAnD1ANs. —The said court shall have power to appoint G¤=¤<ii¤¤s- a guardian or guardians to any infant 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 uardian. _ Sec. 151. BOND.—gfhe court shall require of guardians so appointed, BON 0*- and of testamentary guardians, unless it be otherwise directed) by the will appointing them, bond, with sufficient security, conditioned fo1· the due discharge of their duties. Sec. 152. When any infant whose father or mother may be living g;‘;§,§g;}{°“" m°‘h”’ 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 A‘*d“i°"““’°"d· 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 a pointed guardian, and may direct him to bring suit upon the bond of his predecessor. ' Sec. 154. Gooncrnn snonnrrr.-—-If any surety of a guardian shall by C°“¤***”S°°“’“>’· 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 _ is 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. Ennorron on GUARDIAN.-·EVB1‘y orphan or other infant ,,,§l°°“°“ °f g“““*‘ to whom said court is authorized to appoint a guardian shall be enti— I tled, 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 berequired to give bond as in other cases, and be subject to the control of the court as other guardians are. Sec. 156. SALE on EXCHANGE on INFANT’S nnxr. nsrArn.——When- ,,,§§,§§.§§§,{j°;‘{},‘§,€ °‘ ever the guardian or, in case of his refusal to act, a next friend of any —¤1i¤s <>fbi11- infant shall deem that the interests of the ward will be romoted by a sale of his 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