Page:United States Statutes at Large Volume 47 Part 1.djvu/1116

 1092 E STATES OF M ISSING - PER - SONS. Appointment or trus- tees for. Petition for. Notice and hearing. Preference of wife or nomine e. Bond. Ante, p. 1034. Power s and dutie s. 72d C ONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 1933 . Compromise of mi- SEC. 1023 . PARENT'S RIGHT TO COMPROMISE CLAIM OF MINOR -Where nor's claim by parent. a minor shall have a disputed claim for money against a third per- son, the father, and if the father be dead or has deserted or aban- doned the minor, then the mother of said minor, shall have the right Validity subject dis tric t to compromise such claim, but before the compromise shall be valid approv al vai of d suet or of any effect the same shall be approved by the division of the district court where the minor resides, upon a verified petition in writing, regularly filed with said court. If the court approves such Disposition ofmoney. compromise, the said district court may direct the money paid to the father or mother of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be dul y ap poin ted and the money to be paid to such guardian or guardian ad liter with or without a bond as in the discretion of the court seems to the best interests of said minor. The clerk of the district court shall not charge any fee for filing said petition for leave to compromise or for placing the same upon the calendar to be heard by the court. CHAPTER 37 .-ESTATES OF MISSING PERSONS SEc. 1024 . TRUSTEES OF THE ESTATES OF MISSING PERSONS ; APPOINT- MENT OF, BY THE COURT .-Whenever any resident of the Canal Zone, who owns or is entitled to the possession of any real or personal pr opert y situ ate t herei n, is missi ng, o r his where about s unk nown, for ninety days, an d a verif ied peti tion is presente d to the divisio n of the district court of which he is a resident by his wife or any of his family or friends, representing that his whereabouts has been, for such time, and still is, unknown, and that his estate requires attention, supervision, and care of ownership, the court must order such petition to be filed, and appoint a day for its hearing, not less than ten days from the date of the order. NOTICE AND HEARING:The clerk of the court must thereupon pub- lish, for at least ten days prior to the day so appointed, a notice in some newspaper of general circulation in the Canal Zone, stating that such petition will be heard at the court room of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons as it may deem proper. At the time so fixed for such hearing, or at an y su bseq uent time to which the hear ing may be postponed, the court must hear the petition and the evidence offered in support of or in opposition thereto, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his whereabouts un known must appoi nt so me sui table pers on to take charg e and pos- ses sion o? such est ate, and manage a nd contr ol it un der the directio n of the court. PREFERENCE 'OF WIFE OR NOM1NEE. In appointing a trustee, the court must prefer the wife of the missing person (if any such there is), or her nominee, and, in the absence of a wife, some person, if such there is who is willing to act, entitled to participate in the di stributi on of th e missin g person 's estat e were he dead. SEC. 1025. BONDS TO BE GIVEN BY TRUSTEES .-Every person appointed under the provisions of section 1024 must give bond in the amount and as provided for in section 731. SEC. 1026 . POWERS AND DUTIES OF TRUSTEES.-The trustee must take possession of the real and personal estate in the Canal Zone of such missing person, and collect and receive the rents, income, and pro- ceeds thereof, collect all indebtedness owing to him, and pay the expenses thereof out of the trust funds, and pay such indebtedness of the missing person as may be authorized by the court. The court