Page:United States Statutes at Large Volume 47 Part 1.djvu/1114

 1090 72d CONGRESS. SESS. II. Cpl[. 127 . FEB RUARY 27, 1933 . guardian of su ch absent ward, and transmitting a duplicate receipt, or a certi fied copy of su ch re ceipt , to the c ourt from which such n onres ident guar dian recei ved his ap point ment. General and nilscel. GENERAL AND MISCELLANEOUS PR OVISI ONS laneo us provisions. Examination o f per - SEC. 1010 . EXAMINATION OF PE RSONS SUSP ECTED OF DEFRAUDING sons suspected of de- fraud ing wa rds, etc. WARDS OR CONCF{ ALING PROPERTY:Upon complaint made by any guardian, ward, creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against any one suspected of having concealed, embezzled, smuggled, or f raudu lentl y dis posed of, any of the mone y, go ods, or ef fects , or an i nstru ment in wr iting belo nging to the wa rd or to his es tate, the district court may cite such suspected person to appear before such court, and may examine and pr oc eed against him on s uch charge in the manner pro vi ded in chapters 23 to 35 wit h res pe ct to pe rs ons suspected of and ch ar ged w ith concealing, embezzling, sm ugg li ng, or fraudulently disposing of the effects of a decedent. Removal and res ig- SEC. 1011. REMO VAL AND RESIGNATION OF GUARD IAN, AND S URREN DER surrender of estate. OF ESTATE .-When a guardian, appointed either by the testator or the court, becomes insane or otherwise incapable of discharging his trust or unsuitable therefor, or has wasted or mismanaged the estate, or failed for thirty day s to render an ac cou nt or m ake a re tu rn, the district court may, upon such notice to the guardian as the court may req uire, remo ve him and comp el him to surre nder the e state of the wa rd to the person fou nd to be lawfully entitled the re to. Eve ry gua rdian may resig n whe n it appea rs pr oper to al low the same ; and upon the resignation or removal of a guardian, as herein provided, the cour t may appo int a nothe r in the p lace of the gua rdian who res igned or was re moved. ~Terminnaation of SEO. 1012 . GUARDIANSHIP, How TERMINATED .-T he ma rria„ e of a minor ward terminates the guardianship of the person of sucK ward, but not the e state ; and the guardian of an insane or other person' may be discharged by the court, when it appears on the application of the ward or otherwise, that the guardianship , is no longer necessary. New bond. SEC. 1013. NEW BO ND, WHEN REQUIRED .-The court may re qu ire a new bond to be given by a guardian whenever such court deems it necessary, and may discharge the existing sureties from further liability, after due notice given as such court may direct, when it sh all appear th at no injury can result therefrom to tho se interested in the estate. oilFi ftg ofbond ; action SEC. 1014 . GUARDIAN'S BOND TO BE FILED ; ACTION ow .-Every bond gi ven by a guardian mu st be filed and preserved in the office of the clerk of the district court, and in case of a breach of a condition there of, may be pros ecute d for the use and be nefit of the wa rd, or of any person interested in the estate. Period of limitation SEC. 1015. LIMITATION OF ACTIONS ON GUARDIAN'S BOND .-No action on. can be maintained ag ain st the sur et ies on any bo nd given by a guard- ian, unles s it be co mmenc ed wi thin three year s fro m the disc harge or removal of the guardian ; but if at the time of such discharge the perso n ent itled to b ring such actio n is under any legal disa bilit y to sue, the action may be commenced at any time within three years after such disability is removed. Limitation of actions SEC. 1016. LIMITATION OF ACTIONS FOR THE RECO VERY OF PROPERTY solrecovery ofproperty sold. SOLD .--No action for the recovery of any estate, sold by a guardian, can be mai ntain ed by the ward, or by any pers on cl aimin g und er him , unless it is commenced within three ye ars n ext after the termi- nat ion of the guardianship, or wh en a leg al disability to sue exists by re ason of mi norit y or other wise, at the ti me wh en the cau se of action accr ues, withi n thr ee ye ars n ext a fter the r emova l the reof .