Page:United States Statutes at Large Volume 76A.djvu/748

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–652–

-652CHAPTER 129—OATHS, BONDS, AND LETTERS Sec.

2961. 2962. 2963. 2964. 2965. 2966. 2967.

Oaths and bonds; issuance of letters, New bonds; discharge of sureties. Release of sureties. Bonds; tiling; actions. Limitation of actions on guardians' bonds. Recording letters of guardianship. Oaths and affidavits of trust companies.

§ 2961. Oaths and bonds; issuance of letters (a) Before an order appointing a guardian takes effect, and before letters issue, the court shall require the person appointed to take an oath and give a bond. (b) The guardian shall take an oath, which shall be indorsed upon or attached to his letters, that he will perform the duties of his office as guardian according to law. (c) The guardian shall give a bond to the ward, with sufficient sureties approved by the court, conditioned that the guardian will faithfully execute the duties of his trust according to law. The bond shall be in such sum as the court may order, but not less than twice the value of the personal property and the probable value of the annual rents, issues, and profits or property belonging to the ward. When the bond is given by an authorized surety company, however, the court may fix the amount of the bond at not less than the value of the personal property and the probable value of the annual rents, issues, and profits of property belonging to the ward. (d) Sections 1374 and 1375 of this title and sections 431 and 432 of Title 3 apply to guardians appointed by the court, guardians' bonds, iind the sureties thereon. (e) Upon taking the oath and filing the approved bond, letters of guardianship shall issue to the person appointed. The letters of guardianship shall be substantially in the same form as letters of administration. § 2962. New bonds; discharge of sureties When the court deems it necessary, it may require a new bond to be given by a guardian; and when it appears that injury can not result therefrom to those interested in the estate the court may discharge the existing sureties from further liability, after such notice as the court directs. § 2963. Release of sureties Sections 1380-1382 of this title apply to guardians, guardians' bonds, and the sureties thereon. § 2964. Bonds; filing; actions Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court, and in case of a oreach of a condition thereof, may be prosecuted for the use and benefit of the ward, or of any person interested in the estate. § 2965. Limitation of actions on guardians' bonds An action may not be maintained against the sureties on a bond given by a guardian, unless it is commenced within three years from the discharge or removal of the guardian; but if at the time of the discharge the person entitled to bring the action is under a legal disability to sue, the action may be commenced at any time withm three years after the disability is removed. § 2966. Recording letters of guardianship T^etters of guardianship issued under this Part, with the affidavits and certificates thereon, shall be recorded by the clerk of the court having jurisdiction of the persons and estates of the wards.