Page:United States Statutes at Large Volume 76A.djvu/756

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

–660–

-660(2) a certificate, under the hand of the clerk and the seal of the court having jurisdiction in the country of his residence of the estates of persons under guardianship, or of the highest court of the country, attested by a minister, consul, or vice consul of the United States, resident in the country, that, by the lav?s of the country, the applicant is entitled to the custody of the estate of his ward, without the appointment of a court. § 3125. Same; order; discharge of local fiduciary (a) Upon an application pursuant to sections 3123 and 3124 of this title, unless good cause to the contrary is shown, the court shall make an order granting to the guardian leave to take and remove his ward's roperty to the State or place of his residence, which is authority to im to sue for and receive the property in his own name, for the use and benefit of his ward. (b) The order is a discharge of the executor, administrator, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the clerk of the court the nonresident guardian's receipt therefor, and transmitting a duplicate receipt, or a certified copy of the receipt, to the court from which the nonresident guardian received his appointment.

E

CHAPTER 139—SUSPENSION, REMOVAL, AND RESIGNATION See. 3161. Removal of guardian. 3162. Removal; notice; surrender of estate; suspension of powers pending hearing. 3163. Resignation; appointment to fill vacancy. 3164. Revocation of letters for contempt. § 3161. Removal of guardian The district court may remove a guardian appointed by will or deed or by the court: (1) for waste or mismanagement of the estate, or abuse of his trust; (2) for failure to file an inventory or to render an account within the time allowed by law, or for continued failure to perform his duties; (3) for incapacity to perform his duties suitably; (4) for gross immorality; (5) for having an interest adverse to the faithful performance of his duties; (6) for removal from the Canal Zone; (7) in the case of a guardian of the property, for insolvency; or (8) when it is no longer necessary that the ward be under guardianship. § 3162. Removal; notice; surrender of estate; suspension of powers pending hearing The removal of a guardian may be ordered by the district court after such notice to the guardian as the court requires. The court may compel the guardian to surrender the estate of the ward to the person found to be lawfully entitled thereto. Pending the hearing, the court may suspend the powers of the guardian to such extent as it deems necessary. § 3163. Resignation; appointment to fill vacancy (a) A guardian may resign when it appears proper to allow the resignation.