Page:United States Statutes at Large Volume 76A.djvu/743

–647– -647§ 2805. Appointment of general guardian by court; multiple guardians; bonds; deposit of moneys of small estates; confirmation of other appointments (a) The district court shall appoint a general guardian of the person or estate, or both, of minors and incompetent persons, when necessary or convenient, and when a guardian has not been appointed for the purpose by will or deed. The court may appoint more than one guardian and shall require either a separate Dond from each or a joint and several bond. Where two or more guardians are appointed as coguardians, each shall be governed and liable in all respects as a sole guardian. (b) If the estate does not exceed $10,000 in value, the court may require that the money in the estate be deposited in a bank or trust company or be invested in an account in an insured savings and loan association, subject to withdrawal only upon the order of the court. In such cases, a bond is not required of the guardian. (c) When requested to do so, the court shall confirm an appointment made by will or deed, upon the same procedure and notice as in the case of appointment by the court. § 2806. Testamentary guardians; qualification, powers, duties, and bond A testamentary guardian shall (jualify and has the same powers and shall perform the same duties with regard to the person and estate of his ward as guardians appointed by the court, except as far as his powers and duties are legally modified, enlarged, or changed by the will by which he was appointed, and except that the guardian need not give bond unless directed to do so by the court. § 2807. Rules for awarding custody or appointment of guardian of minor (a) In awarding the custody of a minor, or in appointing a general guardian, the court or officer shall be guided by wnat appears to be for the best interest of the child in respect to its temporal, mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider the preference in determining the question. (b) If the minor resides in the Canal Zone and is over 14 years of a^e, ne may nominate his own guardian, either of his own accord or within 10 days after being cited by the court; and the nominee shall be appointed if approved by the court. When a guardian has been appointed for a minor under 14 years of age, the minor, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court. § 2808. Order of preference in awarding custody of minor Of persons equally entitled in other respects to the custody of a minor, preference shall be given, as follows: (1) to a parent; (2) to one who was indicated by the wishes of a deceased parent; (3) to one who already stands in the position of a trustee of a fund to be applied to the child's support; (4) to a relative. § 2809. Parents adversely claiming custody or guardianship As between parents claiming the custody or guardianship adversely to each other, neither has priority. Other things being equal, the custody or guardianship should be given: (1)^ if the child is of tender years, to the mother; or (1 (2) if the child is of an age to require education and preparation for labor and business, to the father.

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