Page:United States Statutes at Large Volume 76A.djvu/740

–644– -644qualification of the executor or administrator; nor until after the lapse of three years after the appointment and qualification of the executor or administrator, unless the distributee or assignee executes and delivers to the representative of the estate a surety company bond in a penal sum not less than the value of the property distributed and for such additional amount as the court may prescribe. The bond is subject to approval by the court, and shall be conditioned for the return of the property or the value thereof to the representative of the estate in case the missing person is adjudicated, in the manner set forth in this chapter, to be still living since the commencement of the sevenyear period, and also conditioned to save the representative harmless from the damages and expenses of suits brought by the missing person or anyone succeeding to his or her rights, by reason of the distribution having been made during the period of three years. § 2548. Claim to be missing person; petition; issue of identity If a person files a verified petition, within the period of three years after the appointment and qualification of a representative, claiming to be the missing person and also causes a copy thereof to be served personally or by registered or certified mail upon the legal representative and upon each of the heirs, legatees, and devisees, an issue shall thereupon be pi-esented to the court to determine the identity of the claimant which issue shall be tried and determined by the court. The court may upon application or of its own motion require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant. § 2549. Same; contents of petition The verified petition of the claimant shall set forth the facts and circumstances of his disappearance and continued absence, and other facts and circumstances upon which he relies for his identification. § 2550. Vacation of administration proceedings; delivery of property to claimant If the issue is determined in favor of the chiimant, and it is determined that the missing person is still living, an order shall be made vacating all of the proceedings for administration, except those providing for the payment of taxes, assessments, liens, insurance premiums, allowed claims, the specific performance of contracts, preservation of the property, and any sale, encumbrance or other disposition of the property made in compliance with an order of the court; and thereupon the residue of the estate, less fees, costs and expenses thus far incurred, shall be surrendered and delivered to the claimant. § 2551. Determination of death; petition; order If another person appears and files a verified petition, within the three-year period, claiming that the missing person died subsequently to the commencement of the seven-year period, and the claimant is entitled to the property or any portion thereof, as successor in interest to the rights of the absent person because or his death; and if the claimant also causes a copy of the petition to be served either personally or by registered or certified mail upon the legal representative of

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