Page:United States Statutes at Large Volume 76A.djvu/751

–655– -655(b) If a judgment recovered by or on behalf of a minor is for money, and there is no general guardian, one shall be appointed by the court, and the entire amount of the judgment shall oe paid to and shall be cared for by the general guardian, under the control of the court, except that where a minor has brought an action by a guardian ad litem and has recovered a money judgment not exceeding $500, exclusive of costs, and the guardian ad litem is a parent or blood relative of the minor, then, with the approval of the court that rendered the judgment, the whole amount of the judgment may be paid directly to the guardian ad litem without a bond being required therefor. (c) In any of the cases provided for in this section, the court may direct the amount fixed as attorneys' fees to be paid directly to the attorney, and the, balance to be paid to the guardian ad litem of the minor, or to the general guardian if a general guardian has been appointed or is required by the court. § 3009. Additional conditions imposed by court When a person is appointed guardian of a minor, the court may, with his consent, insert in the order of appointment conditions not otherwise obligatory, providing for the care, treatment, education, and welfare of the minor and for the care and custody of his property. The performance of these conditions shall be a part of the duties of the guardian, for the faithful performance of which he and the sureties on his bond shall be responsible. CHAPTER 133—SALES, MORTGAGES, AND CONVEYANCES Sec.

3041. 3042. 3043. 3044. 3045. 3046.

Sale or mortgage of property. Borrowing money and mortgaging personal property. Procedure for sales of property. Application and investment of proceeds of sales. Conveyances and transfers to complete contracts. Limitation of actions for the recovery of property.

§ 3041. Sale or mortgage of property Subject to confirmation by the court, a guardian may sell the real or personal estate or mortgage the real estate of his ward if: (1) the income of the estate is insufficient to support and maintain the ward and his family, or to support, maintain, and educate a minor ward, or to pay for the care, treatment, and support of a ward who is confined in a hospital as defined in section 1631 of Title 5; (2) the personal estate and the income of the real estate are insufficient to pay the ward's just debts; or (3) it is for the advantage, benefit, and best interests of the estate of the ward or of such members of his family as he is legally bound to support and maintain. § 3042. Borrowing money and mortgaging personal property (a) When it appears to be to the advantage of an estate of a minor or incompetent person under guardianship to borrow money upon a note or notes, either unsecured, or to be secured by a chattel mortgage or other lien upon the personal property of the ward, or any part thereof, in any of the cases specified m section 3041 of this title, or in order to pay, reduce, extend, or renew a mortgage or lien already subsisting upon the personal property of the ward or a part thereof, and as often as occasion therefor arises in the course of the guardianship, the court may, by order, authorize and direct the guardian to borrow the money and to execute the note or notes, and, in the Eroper case, to execute the chattel mortgage or to give other security y way of pledge or other lien on the personal property.

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