Page:United States Statutes at Large Volume 76A.djvu/736

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–640–

-640(1) request notice of proceedings; (2) commence and prosecute actions on the bonds of executors or administrators; ana (3) file exceptions in writing to accounts of executors or administrators and contest the accounts. § 2235. Application of procedure in civil actions Except as otherwise provided by this title, the provisions of law and rules of court governing civil actions are applicable to and constitute the rules of practice in me proceedings mentioned in this title.

PART 4—ESTATES OF MISSING PERSONS CHAPTER 101. TBUSTEES OF ESTATES OF PERSONS MISSING OVER 90 DAYS 103. ADMINISTRATION OF ESTATES OF PERSONS MISSING OVER SEVEN YEARS

See. 2501 2541

CHAPTER 101—TRUSTEES OF ESTATES OF PERSONS MISSING OVER 90 DAYS Sec. 2501. 2502. 2503. 2504. 2505. 2506. 2507. 2508. 2509. 2510. 2511. 2512. 2513.

Petition for appointment of trustee. Publication of notice of hearing. Hearing; appointment of trustee. Preferences in appointment of trustee. Trustee's bond. Trustee's powers and duties; family allowance. Accounting by trustee; removal. Sale or encumbrance of property; petition; order. Same; notice of hearing. Same; hearing; order. Return of missing person; accounting. Same; delivery of property. Delivery by trustee to executor or administrator after seven years.

§ 2501. Petition for appointment of trustee When a resident of the Canal Zone, who owns or is entitled to the possession of real or personal property situated therein, is missing, or his whereabouts unknown, tor 90 days, and a verified petition is presented to the division of the district court of which he is a resident by his spouse 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 shall order the petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order. § 2502. Publication of notice of hearing The clerk of the court shall thereupon publish, for at least 10 days prior to the day so appointed, a notice in a newspaper of general circulation in the Canal Zone, stating that the petition will be heard at the courtroom 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 at it deems proper. § 2503. Hearing; appointment of trustee A t the time fixed for the hearing, or at any subsequent time to which the hearing may be postponed, the court shall hear the petition and the evidence offered in support of or in opposition thereto. If satisfied that the allegations of the petition are true, and that the person remains missing, and his whereabouts unknown, the court shall appoint a suitable person to take charge and possession of the estate, and manage and control it under the direction of the court. § 2504. Preferences in appointment of trustee In appointing a trustee, the court shall prefer the wife of the missing person, or ner nominee, and, in the absence of a wife, a person