Page:United States Statutes at Large Volume 47 Part 1.djvu/1110

 1086 72d CONGRESS. SESS. II. CH. 127. FE BRU ARY 27, 1933 . Powers and duties of POWERS AND DUTIES OF GUARDIANS guardians. Payment of debts SEC. 987. GUARDIAN TO PAY D EBTS OF WARD FROM WARD~ s ES TATE from ward's estate. Every guardian appointed under the provisions of this chapter, whether for a minor or any other person, must pay all just debts due from the ward out of his personal estate and the income of his real estate, if sufficient ; if not, then out of his real estate upon selling or mortgaging it and disposing of the ,proceeds in the man- ner provided in sections 997 to 1002. Recovery of debts, SEC. 988. GUARDIAN TO RECOVER DEBTS DUE HIS WARD AND REPRE- e tc' SENT Him .-Every guardian m ust settle all accounts of the ward, and demand, sue for, and receive all debts due to him, or may, with the approbation of °the court, compound for the same and give dis- charges to the debtor, on receiving a fair and just dividend of his estate and effects ; and he must appear for and represent his ward in all legal suits and proceedings, unless another person be appointed for that purpose. Management of es- SEC. 989 . GUARDIAN TO MANA GE ESTATE FRUGALLY, MAINTAIN tate. WARD AND SELL OR MORTGAGE REAL ESTATE.-Every guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, Support of ward. for the comfortable and suitable maintenance and support of the ward and his family, if there be any ; and if such income and profits Sale or mortgage of be insufficient for that purpose, the guardian may sell or mortgage real estate. the real estate, as provi ded i n this code , and must apply the pro- ceeds of such sale or mortgage, as far as may be necessary, for the maintenance and support of the ward and his family, if there be any. r Support of wife from SEC. 990. SUPPORT OF WIFE FROM HER ESTATE .-If the husband is her estate. unable to provide suitably for the care or support of a wife over whose estate a guardian has been appointed by reason of incompe- tency, the expense of providing such care or support, may, to the extent necessary, be charged against and defrayed out of such estate, as previously directed by the court or as subsequently approved by the court in settling the accounts of the guardian of the estate ; for this purpose the guardian may sell or mortgage estite of the ward as prov ided in this code. Maintenance. Su p- SEC. 991. MAINTENANCE, SUPPORT, AND EDUCATION OF WARD, HOW part, ewwwntion of ward, how enforced. ENFORCED :When a guardian has advanced, for the necessary main- tenance, support, or education of his ward, an amount not dispro- portionate to the value of his estate or his condition of life, and the same is made to appear to the satisfaction of the court by proper vouchers and proofs, the guardian must be allowed credit therefor in his settlements. Whenever a guardian fails, neglects, or refuses to furnish suitable and necessary maintenance, support, or education for his ward, the court may order him to do so, and enforce su ch order by proper process. Whenever any third person, at his request, supplies a. ward with such suitable and necessary maintenance, sup- port, or education, and it is shown to have been done after refusal or neglect of the guardian to supply the same, the court may direct the guardian to pay therefor out of the estate, and enforce su ch p aym ent by due process. Powers of guardian, SEC. 992. GUARDIANS, POWERS OF, IN PARTITION .-The guardian may partition pro ceedings. Join in and assent to a partition of the real or personal estate of the Proviso ' ward, wherever such assent may be given by any person : Provided, Prior authorization , by court. That such assent can only be given after the court having jurisdic- tion ov er said estate sh all gran t an ord er confe rring su ch autho rity, which order shall only be made after a hearing in open court upon