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§20-1310. Plea of limitations within discretion of executor or administrator An executor or administrator is not required to avail himself of the statute of limitations to bar what he supposes to be a just claim, § 20-1311. Claims may be rejected and disputed An executor or administrator is not required to discharge a claim of which vouchers and proofs have been exhibited as provided by this chapter, but may reject and at law dispute the claim where he has reason to believe that the deceased never owed the debt, or had discharged it, or a part thereof, or had a claim in bar. § 20-1312. Passing of claims not conclusive An order made by the Probate Court that an account or claim will pass when paid is not valid to establish the claim or account. Where the executor or administrator thinks fit to contest it, the account or claim does not derive validity from the order, but shall be proved in the same manner as if the order had not been made. § 20-1313. Payment of claims An executor or administrator shall, within thirteen months from the date of his letters, or within such further time, not exceeding four months, as the Probate Court allows on his making oath that he has reason to apprehend that the personal estate and assets which are or shall be in his hands will be insufficient to discharge the just debts of and claims against the deceased, discharge all the claims known to him or pay each claimant his just proportion of the money then in his hands, retaining as directed by this chapter. Also, he shall, once in every six months after the first distribution, make a distribution of the money which has since come to his hands until he has fully administered, and on failure his administration bond may he sued upon. § 20-1314. Notice of distribution Wlien an executor or administrator is to make payment or distribution among the creditors of his decedent, he may give notice three successive weeks previously in a convenient newspaper of the time and place for making it. If a creditor does not attend in person or by agent or attorney to receive the amount or proportionable part of his claim, all interest on the claim or proportionable part ceases from that time. The executor or administrator shall at any time thereafter, on demand, pay the claims, or a proportionable part, to the party, his agent, or duly authorized attorney. When the executor or administrator proceeds to make an additional payment or dividend he may advertise as provided by this section, and interest ceases as also provided by this section. If, at the time for the making of an additional dividend, a just claim, established as directed by this chapter, is exhibited, the creditor is entitled to such sum as will place nim on an equal footing with those who have already received a dividend. § 20-1315. Retaining for claims An executor or administrator shall pay all just claims against his decedent exhibited to him, or a just proportionable part thereof, according to the assets. Where a claim is known to him, although it is not exhibited, he shall retain the assets, or a just proportionable part, for the benefit of the creditor. Where an executor or administrator has actual knowledge of a claim which has not been exhibited or passed he shall give notice in writing to the creditor, requiring the claim to be either exnibited or passed, as provided by this chapter, within 30 days if the creditor is a resident of the District of Columbia, and within 90 days if he is a nonresident. After the expiration of that period, and

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after the expiration of the period for distribution provided by section 20-1313, the executor or administrator may not be required to retain any part of the estate for the benefit of the creditor, unless in the meantime the claim has been so exhibited or passed. § 20-1316. Executor or administrator to withhold amount claimed pending litigation Where an action is commenced against an executor or administrator for the recovery of a larger debt or damages than he considers due, so that it cannot be ascertained before verdict, the executor or administrator may retain such sum to meet the debt or damages as the Probate Court allows. Where more than enough is allowed, the party shall afterwards account for it, but a sum may not be retained on account of the further debt or damages when the court is satisfied that there will be money sufficient coming in after the dividend to meet the damages, or a just proportion thereof, regard being had to other claims. § 20-1317. Claims of executors and administrators to be passed by Court A n executor or administrator may not be allowed to retain for his own claim against the decedent, unless the claim is passed by the Probate Court. Such a claim stands on an equal footing with other claims of the same nature. § 20-1318. Period during which creditors may file suit after claim is contested If a claim is exhibited against an executor or administrator which he considers his duty to dispute or reject, he may retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim is not established. If, on a claim exhibited and disputed, the creditor or claimant does not, within three months after the dispute or rejection, commence a suit for recovery, he is forever barred. On a dividend to be made three months after the dispute or rejection and failure to bring suit, the executor or administrator may proceed to pay or distribute as if he had no knowledge or notice of the claim or as if it did not exist. If the claim is sued upon within the three-month period, it may be ascertained by verdict or otherwise, and the court shall proceed as directed by this chapter, regard being had to the rules laid down by this chapter as to the notice to be given by the executor or administrator and distribution or payment shall be made after the notice. § 20-1319. Executor or administrator not responsible for claims made after distribution When all the assets have been paid away, delivered, or distributed as directed by this chapter, and afterwards a claim is exhibited of which the executor or administrator has no knowledge or notice b j the exhibition of the claim legally authenticated, as required by this chapter, he is not answerable for it. When he is sued for a claim and makes it appear to the court in which suit is brought that he has so paid away, delivered, or distributed, and the plaintijff cannot prove that the defendant had notice as herein specified before the payment, delivery, or distribution, the court, although the amount of the claim against the deceased may be ascertained, may not give judgment until the plaintiff is able to show further assets coming into the defendant's hands; but if the plaintiff proves notice, as herein specified, of the claim against the defendant, judgment may be immediately given for such sum as the plaintiff ought to have received at the dividend, and fieri facias may issue and have effect, and further judgment may be given on the coming in of further assets.

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§ 20-1320. Notice to creditors to file claims An executor or administrator who, after six months from the date of his letters, pays away assets to the discharge of just claims is not answerable for any claim of which he had no knowledge or notice by an exhibition of the claim legally authenticated, if, at least three months before he makes distribution he causes to be inserted in as many newspapers as the Probate Court directs, a notice to the following effect: "This is to give notice that the subscriber, of, has obtained from the Probate Court of the District of Columbia letters testamentary (or of administration) on the personal estate of , late of , deceased. All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber on or before the day of next; they may otherwise by law be excluded from all benefit of the estate. "Given under my hand this day of .". § 20-1321. Report and proof of notice The executor or administrator may report to the court, with an affidavit of the proof thereof annexed, the fact of having given the notice specified by section 20-1320, and the court, on being satisfied that its order has been complied with and the notice has been given, shall indorse on the report its certificate that it has been proven to its satisfaction that the notice has been given as therein reported, and shall order the report and certificate to be recorded among the records of the court. § 20-1322. Report of notice as prima facie evidence; copy as legal evidence The report and certificates specified by section 20-1321 are prima facie evidence of the giving of the notice as therein stated; and a copy of the report, certificate, and order, under the seal of the Register of Wills, is legal and competent evidence. § 20-1323. Docket of claims The Register of Wills shall enter in a suitable book, to be provided by him for that purpose, all claims against a decedent as they are regularly passed by the Probate Court, giving the date of the passage, the name of the creditor, the character of the claim, whether on note or open account, bond, bill, obligation, judgment, or other evidence of debt, and the amount thereof; and the entry of a claim upon the docket constitutes notice to the executor or administrator of its existence. §20-1324. Filed claim no evidence of correctness if disputed; filing as tolling limitations A claim entered on the docket as provided by section 20-1323 does not afford evidence as to the justice or correctness of a debt therein entered when it is controverted by an executor or administrator in a suit instituted for the recovery of the debt; and it does not take a debt out of the operation of a defense of limitations. §20-1325. Priorities (a) The debts of the decedent shall be paid according to the following priority: (1) funeral expenses, according to the condition and circumstances of the deceased, not exceeding $600; (2) claims for rent in arrears for which an attachment might be levied by law; (3) judgments and decrees of courts in the District of Columbia;

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(4) all other just claims, which shall be on an equal footing, without priority. (b) Where there are not sufficient assets to discharge all the judgments and decrees specified in item (3) of subsection (a) of this section, a proportionate dividend shall be made between the judgment and decree creditors. (c) This section is subject to section 19-101 and chapter 21 of this title relating to the family allowance and the administration of small estates. §20-1326. N o claim to be noticed unless legally authenticated An executor or administrator is not bound to discharge a claim against his decedent unless it is exhibited to him, legally authenticated, or unless the claim has been passed by the Probate Court and entered by the Register of Wills upon his docket. § 20-1327. Meeting of creditors An executor or administrator may appoint a meeting of creditors on a day approved by the court, and passage of claims, payment, or distribution may be there made under the court's direction and control. § 20^1328. Distribution of residue When it appears by the first or other account of an executor or administrator that all the claims against, or debts of, the decedent which have been known by or notified to him have been discharged or allowed for in his account, he shall deliver up and distribute the surplus or residue of the personal estate not disposed of by a will, as directed by chapters 3 and 7 of title 19, but his power and dutj^ with respect to future assets do not cease. After the delivery he is not liable for debts afterwards notified to him, when he has advertised as directed by this chapter, unless assets afterwards come into his hands which are answerable for debts. §20-1329. Creditor's rights against property of nonresident decedent; limitation (a) On the death of a person not domiciled in the District of Columbia at the time of his death so much of his real and personal estate in the District of Columbia as may be necessary for the payment and discharge of just claims against him of creditors and persons domiciled in the District of Columbia are also the subject of administration under authority and direction of the Probate Court, irrespective of the personal estate of the decedent at his place of domicile or elsewhere. (b) The prosecution of claims referred to by subsection (a) of this section shall be commenced within six months after the death of the decedent. CHAPTER 15—SUITS Sec.

20-1501. Suits by and against executors and administrators. 20-1502. Judgments against executor or administrator; amount of damages; when assessed. 20-1503. Concealment of assets by strangers. 20-1504. Concealment by executor or administrator. 20-1505. Suits by foreign executors and administrators. 20-1506. Suits on bonds against heirs.

§ 20-1501. Suits by and against executors and administrators (a) Executors and administrators may commence and prosecute any civil action which the testator or intestate might have commenced and prosecuted, and may be sued in any civil action which might have been maintained against the deceased. (b) I n a civil action based on a tort claim, brought by or against an executor or administrator, the right of action conferred by this

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section is limited to damages for personal injury. I t does not include the right to recover for pain and suffering. §20-1502. Judgments against executor or administrator; amount of damages; when assessed (a) When the verdict of the jury in a suit against an executor or administrator is against the defendant, or he is willing to confess judgment, and the debt or damages which the deceased, if alive, ought to pay, is ascertained by verdict, or confession, or otherwise, the court shall assess the sum which the executor or administrator ought to pay, regard being had to the amount of assets in his hands and the debts due to other persons. When it appears to the court that there are assets to discharge all just claims against the deceased, the judgment shall be for the whole debt or damages found by the jury, or confessed, or otherwise ascertained, and costs. When it appears to the court that there are not sufficient assets to discharge all just claims against the deceased, the judgment shall be for such sum only as bears a just proportion to the amount of the debt or damages and costs, regard being had to the amount of all the just claims and of the assets. (b) The court may not assess, as provided by subsection (a) of this section, and enter judgment against an executor or administrator until the time limited by law or by the court for the executor or administrator to pass his account has expired and the executor or administrator has made oath that he does not have assets to discharge all the just claims. The account settled by the Probate Court, in which the debt or damages sued for ought to be stated, is evidence to show the amount of assets and claims; arid the court may, when the actual debt or damages are ascertained, refer the matter to an auditor to ascertain the sum for which judgment shall be given. When the judgment is for a sum inferior to the real actual or damage and costs, it shall also stipulate "that the plaintiff be entitled to such further sum as the court shall hereafter assess on discovery of further assets in the hands of the defendant". The court, at any time afterwards, when applied to by the plaintiff, on three days' notice to the defendant or his attorney, may assess and give judgment for such further proportionable sum as the plaintiff appears entitled to, regard being had as provided by this section to the amount of the debt and other claims. On a judgment entered as provided by this section a fieri facias may issue against the defendant, and either his own goods or the goods of the deceased may be thereupon taken and sold. The executor or administrator shall discharge the judgment or put it on a footing with other just claims, and on failure his bond may be sued upon by the plaintiff,

§ 20-1503. Concealment of assets by strangers When an executor, administrator, or collector believes that a person is concealing any part of his decedent's estate, he may file a petition in the court alleging the concealment, and the court may compel an answer thereto on oath. When the court is satisfied, upon an examination of the whole case, that the party charged has concealed any part of the estate of the deceased, it may order the delivery thereof to the executor, administrator, or collector, and may enforce obedience to the order in the same manner in which orders of the court may be enforced. § 20-1504. Concealment by executor or administrator If a person interested in a decedent's estate by petition alleges that the executor, administrator, or collector has concealed or has in his hands and has omitted to return in the inventory or list of debts any part of his decedent's assets^ and the court finally adjudges and decrees in favor of the allegations of the petition, in whole or in part,

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it shall order an additional inventory or list of debts, as the case may be, to be returned by the executor, administrator, or collector, and appraisement to be made accordingly, to comprehend the assets omitted. The court may compel obedience to the order, and, if it is not complied with, revoke the letters and order the bond of the executor, administrator, or collector to be put in suit. § 20-1505. Suits by foreign executors and administrators A person to whom letters testamentary or of administration have been granted by the proper authority in any of the United States or the territories thereof may maintain a suit or action and prosecute and recover a claim in the District of Columbia in the same manner as if the letters had been granted to him in the District. The letters, or a copy thereof certified under the seal of the authority granting them, are sufficient evidence to prove the granting of the letters, and that the person has administration. The Probate Court of the District of Columbia may, however, upon the petition of any one interested, require from the person the security required by law in like cases from a resident administrator or executor, or the court may grant auxiliary or ancillary letters, if the case requires, to the same person or other persons. § 20-1506. Suits on bonds against heirs A creditor by a bond which purports to bind the heirs of the obligor may not sue the heirs in respect of assets descended to them, but shall make his claim against the estate in the same manner as required of other creditors. Debts arising by specialty and by simple contract, without distinction, are payable primarily out of the personal estate, and, if that is insufficient, are payable equally and without preference out of the proceeds of the real estate. CHAPTER 17—ACCOUNTS Sec.

20-1701. 20-1702. 20-1703. 20-1704. 20-1705. 20-1706. 20-1707. 20-1708. 20-1709. 20-1710.

Time for rendering first account. Subsequent accounts. Failure to account. Assets to be charged. Disbursements and allowances. Bequests to executors. Executor of deceased executor or administrator to render account. Accounts of deceased executrix or administratrix. Lost property. Executor or administrator of deceased executor or administrator entitled to commission; accounts.

§ 20-1701. Time for rendering first account An executor or administrator shall render to the Probate Court within twelve months from the date of his letters the first account of his administration, and may render the account six months after the date of his letters. § 20-1702. Subsequent accounts When the first account of an executor or administrator does not show the estate which was on hand to be fully administered, the executor or administrator shall render other accounts from time to time until the estate is fully administered, under such rules as the court establishes. § 20-1703. Failure to account If an executor or administrator fails to return an account within the time limited by law or fixed by the rules of court, or within such further time as the Probate Court allows, his letters, on application of a person interested, may be revoked and administration granted at the discretion of the court.

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§ 20-1704. Assets to be charged I n the account, the executor or administrator shall state, on one side, the assets which have come to his hands, according to the inventory returned to the court, or received and appraised after the inventory returned, and the sales made under the court's direction. The inventories shall show the articles of the estate, and the sales, the amount of their value, and where they have been sold. For articles so sold the executor or administrator shall be charged the price according to the return. When articles have been sold for credit and not yet paid for they shall be accounted for in a subsequent account, and all moneys received for debts due the decedent shall be included in the account. § 20-1705. Disbursements and allowances On the other side of the account the executor or administrator shall state the disbursements made by him, and debts and allowances, as follows: (1) funeral expenses, to be allowed at the discretion of the court, according to the condition and circumstances of the deceased, not exceeding $600, except that for special cause shown the court may make an additional allowance, not exceeding $400; (2) the family allowance provided for by section 19-101; (3) the debts of the deceased proved or passed as directed by this title, and paid or retained; (4) the allowance for things lost, or which have perished without his fault, which allowance shall be according to the appraisement; (5) the commissions of the executor or administrator, which shall be, at the discretion of the court, not under one per centum nor exceeding ten per centum on the amount of the inventories, excluding what is lost or has perished; and (6) the allowance to the executor or administrator for his costs, attorney fees, and extraordinary expenses which the court considers proper to allow. §20-1706. Bequests to executors Where anything is bequeathed to an executor by way of compensation, an allowance of commission may not be made unless the compensation appears to the court to be insufficient. Where it is insufficient, it shall be reckoned in the commission to be allowed by the court. § 20-1707. Executor of deceased executor or administrator to render account The executor or administrator of a deceased executor or administrator who dies before an account of his administration has been rendered shall render an account showing the amount of the assets received and the payment made by his decedent. The account so rendered shall, if found by the court to be correct, be admitted to record as other administration accounts. § 20-1708. Accounts of deceased executrix or administratrix The husband of an executrix or administratrix who dies before a final account of her administration has been settled shall render an account, if required by the court, showing the amount of money and property received and of payments and disbursements made by the executrix or administratrix, or that may have been received or paid by him, and not before accounted for with the court. The account so rendered shall, if found by the court to be correct, be admitted to record as other administration accounts in cases where the executrix or administratrix rendered them in person. If the husband

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refuses to render the account, the court may proceed against him by attachment, and may commit him until he renders the account. § 20-1709. Lost property The Probate Court may make allowance to an executor, administrator, or collector for property of the decedent which has perished or been lost without the fault of the party. Profit may not be made and loss may not be sustained by an executor or administrator in the increase or decrease of the estate under his management. H e shall return an inventory and account for the increase, and may be allowed for the decrease on the settlement of the final or other account. § 20-1710. Executor or administrator of deceased executor or administrator entitled to commission; accounts The executor or administrator of a deceased executor or administrator shall return, on oath, to the court, on or before the day named as provided by section 20-359 (b), a list of the bonds, notes, accounts, and money provided by subsection (a) of that section, and may retain out of the money such commission as the court allows, not exceeding ten per centum on the principal inventory. The personal estate and money turned over by him constitute assets in the hands of the administrator de bonis non, to be accounted for by him as such. CHAPTER 19—DISTRIBUTION OF SURPLUS Sec. 20-1901. 20-1902. 20-1903. 20-1904. 20-1905. 20-1906. 20-1907.

Distribution; when to be made. Distribution of specific property. Distribution of specific articles; liow to be made. Partial distribution. Distribution of specific bequests. Bequest to female. Meeting of legatees or next of kin.

§20-1901. Distribution; when to be made When the debts of an intestate, exhibited and proved, or notified and not barred, have been discharged or settled, or allowed to be retained for as directed by this title, the administrator shall make distribution of the surplus as provided by chapters 3 and 7 of Title 19. § 20-1902. Distribution of specific property Where the surplus remaining in an administrator's hands after payment of all just debts exhibited and proved or notified and not barred, or after retaining for them, consists of specific property or articles mentioned in the inventory, the administrator, if he cannot satisfy the parties, may apply to the court to make distribution. The Probate Court may appoint a day for making distribution, and by summons call on the parties to appear, and, at the appointed time, proceed to distribute. I f a majority in point of value neglect to appear, or, if appearing, object to the distribution of the articles, or if the court deems a sale of the articles or any part of them more advantageous, it shall order a sale accordingly, and the rules provided by this title relative to a sale by order of the court shall be observed. § 20-1903. Distribution of specific articles; how to be made When a distribution of specific articles is to be made the court may appoint two disinterested persons, not in any way related to the parties concerned, to make the distribution among the persons entitled as to them seems proper; or when, in their opinion, upon a view of the articles, a distribution among the persons entitled could not be by them made which would operate equally, but a sale thereof would be more advantageous to the persons, they shall return to the court their opinion in writing. The court shall thereupon order a sale of the articles, upon reasonable notice, and cause the proceeds of the sale to be equally distributed among the parties entitled. 49-850 0-66—49

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§ 20-1904. Partial distribution When a person applies to the Probate Court by petition, and satisfies the court that he is in want of subsistence or greatly straitened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may direct the executor or administrator to deliver to the petitioner any part of what the court believes will be his distributive share, or any part of a legacy or bequest in money not exceeding one-third part, the petitioner giving bond, with security approved by the court, to the executor or administrator for returning the part so delivered, or an equivalent, with interest, when so directed by the court. The court may determine in a summary way on the petition, after summons against the executor or administrator duly returned "summoned" or "non est". § 20-1905. Distribution of specific bequests The court, in like manner as provided by section 20-1904, on a petition by a person in circumstances as described in that section, to whom a specific legacy or bequest has been made, being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, may direct the executor or administrator with the will annexed to deliver to the petitioner the specific legacy or bequest on his giving bond as provided by section 20-1904. § 20-1906. Bequest to female When a bequest of personal property or money is made to a female and directed by the will to be paid on her attaining to full, mature, or to a lawful age, the female is entitled to receive and demand the personal property or money on arriving at the age of 18 years or on being married. § 20-1907. Meeting of legatees or next of kin An administrator may appoint a meeting of persons entitled to distributive shares or legacies or a residue, on a day approved by the court, and payment or distribution may be made at the meeting under the court's direction and control. CHAPTER 21—ADMINISTRATION OF SMALL ESTATES Sec.

20-2101. 20-2102. 20-2103. 20-2104. 20-2105. 20-2106. 20-2107. 20-2108.

Petition for distribution of small estate; order. Waiver of administration; notice to creditors; final order. Exemptions from liability. Waiver of bond and commissions. Forms to be furnished; fees. Discovery of additional property. Penalties for false affldavits and other violations. Application of chapter.

§20-2101. Petition for distribution of small estate; order (a) When a person dies, leaving a small estate consisting only of personal property of a value not in excess of $500, the surviving spouse or minor children entitled to the family allowance authorized by section 19-101 may file in the Probate Court a petition, under oath, declaring: (1 ^ the time and place of decedent's death; (2) the known next of kin; (3) the known assets and by whom they are held; (4) that the petitioner has made a diligent search to discover all assets of the deceased; (5) the amount of the funeral expenses and to whom they are due; and (6) that the assets do not exceed $500 in value.

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The minor children shall act through the person having their custody or a next friend. (b) When the Probate Court is satisfied that the allegations in a petition filed under subsection (a) of this section are true, it shall enter a final order: (1) declaring that formal administration is not necessary and that probate of a will is not required; (2) fixing the amount of funeral expenses allowable and specifying to whom they are due and out of what property they are to be paid; (3) vesting title to the remainder of the property in the surviving spouse or minor children, as the case may be, in satisfaction of the family allowance; and (4) directing the persons having possession of the property to pay over, transfer, and deliver it as allotted. The Probate Court may also authorize in the order, or by further order, the sale of any of the property as the exigencies of the situation require. §20-2102. Waiver of administration; notice to creditors; final order (a) When a person dies intestate, leaving a small estate consisting only of personal property of a value not in excess of $500, and there is no surviving spouse or minor child, the person entitled to be preferred in the appointment of an administrator may file in the Probate Court a petition, under oath, declaring: (1) the time and place of the decedent's death; (2) the known next of kin; (3) that diligent search has been made for a will and none has been found; (4) the known creditors, together with the amount of each claim, including contingent and disputed claims; (5) the amount of the funeral expenses; (6) the known assets and by whom they are held; (7) that the petitioner has made a diligent search to discover all assets and debts of the deceased; (8) that the assets do not exceed $500 in value; and (9) that there are no known legal proceedings pending in which the decedent is a party. (b) When the Probate Court is satisfied that the allegations in a petition filed under subsection (a) of this section are true, it shall enter a preliminary order declaring that formal administration is not necessary, and instructing the petitioner to publish once, in substantially the usual form, notice to creditors to exhibit their claims, duly authenticated, within 30 days after the notice. The notice shall be inserted in one newspaper of general circulation in the District of Columbia as the court directs. (c) When a preliminary order has been entered and the notice has been published, as provided by.r subsection (b) of this section, and the time provided in the notice has expired, the petitioner shall file, under oath, a statement, with the usual proof of publication attached, that the notice has been published, and that the time has expired, and listing all then known creditors, including contingent and disputed claims, and the amount of each claim. (d) When the Probate Court is satisfied that the statement filed under subsection (c) of this section is true, and after hearing and disposing of any objections filed in the court by persons interested in the estate, it shall enter a final order: (1) directing the petitioner to pay from the estate all the claims, in the order of priority provided by law;

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(2) authorizing a person having possession of any property of the estate to transfer, pay over, and deliver it in accordance with the petitioner's directions; and (3) decreeing that, after the Register of Wills certifies upon the final order that he has seen the vouchers for the payment of the claims and is satisfied that the claims, as well as the fees provided for by this chapter, have been paid, the remaining balance of the estate, if any, shall be vested: (A) in the adult surviving children, equally; or (B) if there is no adult surviving child, then in those persons who would be entitled to the remaining balance of the estate under chapter 3 of Title 19. The share of a minor is payable, in the discretion of the court, to the person having custody of the minor or to such other person as the court designates, to be used solely for the care and maintenance of the minor. (e) The court may also provide in its final order issued under subsection (d) of this section for the sale of any property, upon such terms as it deems advisable, and for the distribution of the proceeds in accordance with the order. § 20-2103. Exemptions from liability In the absence of fraud, a person who pays over, transfers, or delivers property pursuant to a final order entered under section 20-2101, or pursuant to the directions of a petitioner acting under authority of a final order under section 20-2102, is not liable for the application thereof, and he, or a person who receives any property pursuant to a final order entered under section 20-2101, or pursuant to the directions of a petitioner acting under authority of a final order under section 20-2102, is not responsible for any claims on account of the payment, transfer, delivery, or receipt of the property. The property distributed pursuant to a final order in either case becomes the absolute property of the respective distributees thereof. § 20-2104. Waiver of bond and commissions A petitioner under this chapter is not required to be represented by an attorney, or to give bond, and he may not receive a commission for performing services under this chapter. §20-2105. Forms to be furnished; fees The Register of Wills shall prepare, and make available, forms whereby the petition and final order under section 20-2101, and the petition, preliminary order, the statement, the final order, and the certificate of payment under section 20-2102, shall constitute in each case one connected instrument. In lieu of all other fees, costs, or charges, the Register of Wills shall receive a fee of $5 for all services administered under this chapter, including the taking of affidavits, plus a fee of 25 cents for each certified copy of the instruments. § 20-2106. Discovery of additional property The discovery of additional property of the decedent, after the filing of a petition in either case provided for by this chapter, shall be reported by the petitioner to the Probate Court as soon as discovered by him. The existence of the additional property does not invalidate any proceedings under this chapter except when the additional property IS discovered before the entry of the final order provided for, and either (1) is real estate, or (2) increases the total value of the estate to more than $500. I n either case a final order may not be entered under this chapter, and the court shall require regular administration. When additional personal property is discovered after entry of the final order, which does not increase the value of the total estate to more

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than $500, the additional property may be distributed pursuant to a new petition. In all other cases the additional property may not be distributed under this chapter. § 20-2107. Penalties for false affidavits and other violations Whoever makes a false affidavit under this chapter, or willfully violates an order of the Probate Court under this chapter, shall be fined not more than $500 for each offense. § 20-2108. Application of chapter This chapter applies to estates of persons dying after June 24, 1949; and where there is a conflict or inconsistency between this chapter and any other law, this chapter governs. CHAPTER 23-ESTATES OF ABSENTEES AND ABSCONDERS Sec.

20-2301. Petition for appointment of receiver, where absentees interested in property; United States attorney as party. 20-2302. Warrant to United States marshal; fees of marshal. 20-2303. Notice of hearing to absentee and interested parties. 20-2304. Time of hearing; publication and posting of notice. 20-2305. Appointment of receiver; bond; finding of date of disappearance. 20-2306. Transfer of property to receiver; schedule of property. 20-2307. Possession, by receiver, of additional property; collection of debts. 20-2308. Procedure where absentee left only debts due; appointment of receiver. 20-2309. Care, custody, sale of property. 20-2310. Support of absentee's wife and minor children. 20-2311. Receiver may adjust claims of or against estate. 20-2312. Compensation of receiver; interest of absentee in property to cease after fourteen years. 20-2313. Distribution after fourteen years as if absentee had died intestate. 20-2314. Time for distribution and accounting when receiver not appointed within thirteen years. 20-2315. Construction with other laws.

§ 20-2301. Petition for appointment of receiver, where absentees interested in property; United States attorney as party (a) If a person entitled to or having an interest in property in the District of Columbia has disappeared or absconded from the District of Columbia, and it is not known where he is, or if he, having a wife or minor child, dependent to any extent upon him for support, has disappeared or absconded without making sufficient provision for the support, and it is not known where he is, or if his whereabouts is known and he has been without the District of Columbia continuously for two years or longer, a person who would under the law of the District of Columbia be entitled to administer upon the estate of the absentee if he were deceased, or, if no one is known to be so entitled, any suitable person, or the wife, or someone in her or the minor's behalf, may file a petition, under oath, in the United States District Court for the District of Columbia, stating: (1) the name, age, occupation, and last known residence or address of the absentee; (2) the date and circumstances of the disappearance or absconding; and (3) the names and residences of other persons, whether members of the absentee's family or otherwise, of whom inquiry may be made. The petition shall also contain a schedule of the property, real and personal, of the absentee, as far as known, within the District of Columbia, and pray that the property be taken possession of, and a receiver be appointed under this chapter.

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(b) The United States attorney for the District of Columbia shall be made a party to a petition filed under subsection (a) of this section, and shall be given notice of all subsequent proceedings under this chapter. § 20-2302. Warrant to United States marshal; fees of marshal Upon the filing of a petition under section 20-2301, the court may issue a warrant directed to the United States marshal for the District of Columbia, commanding him to take possession of the property named in the schedule and hold it subject to the order of the court, and make return of the warrant as soon as may be, with a statement of his actions thereon and a schedule of the property so taken. The marshal shall post a copy of the warrant upon each parcel of land named in the schedule and cause so much of the warrant as relates to land to be recorded with the recorder of deeds of the District of Columbia. H e shall receive such fees for serving the warrant as the court allows, but not more than those established b j law for similar service upon a writ of attachment. If the petition is dismissed, the fees and the cost of publishing and serving the notice provided for by this chapter shall be paid by the petitioner; but if a receiver is appointed, they shall be paid by the receiver and allowed in his account. § 20-2303. Notice of hearing to absentee and interested parties Upon the return of the warrant issued under section 20-2302, the court may issue a notice reciting the substance of the petition, the warrant, and the marshal's return, which shall be addressed to the absentee and to all persons who claim of record an interest in the property, or who are known to petitioner to claim an interest in the property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the marshal's schedule should not be appointed and the property held and disposed of under this chapter. §20-2304. Time of hearing; publication and posting of notice The return day of the notice issued under section 20-2303 shall be not less than 30 nor more than 60 days after its date unless otherwise ordered by the court. The court shall order the notice to be published not less than once in each of three successive weeks in one or more newspapers within the District of Columbia, and a copy to be posted in a conspicuous place and upon each parcel of land named in the marshal's schedule, and a copy to be mailed to the last known address of the absentee. The court may order other and further notice to be given within or without the District of Columbia. §20-2305. Appointment of receiver; bond; finding of date of disappearance The absentee or a person who claims an interest in any of the property may appear and show cause why the prayer of the petition filed under section 20-2301 should not be granted. The court may, after hearing, dismiss the petition and order the property in possession of the marshal to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the marshal and named in his schedule. When a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee. The receiver shall give bond to the court in such sum and with such conditions as the court orders, with a corporate surety thereon approved by the court.

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§20-2306. Transfer of property to receiver; schedule of property After the approval of the bond required by section 20-2305, the court may order the marshal to transfer and deliver to the receiver the possession of the property under the warrant provided by section 20-2302, and the receiver shall file in the court a schedule of the property received by him. §20-2307. Possession, by receiver, of additional property; collection of debts Upon petition of a receiver appointed under section 20-2305, the court may direct him to take possession of any additional property within the District of Columbia which belongs to the absentee and to demand and collect all debts due the absentee from any person within the District of Columbia, and hold the property and moneys collected as if they had been transferred and delivered to him by the marshal. § 20-2308. Procedure where absentee left only debts due him; appointment of receiver When the absentee has left no corporeal property within the District of Columbia, but there are debts and obligations due or owing to him from persons within the District of Columbia, a petition may be filed, as provided by section 20-2301, stating the nature and amount of the debts and obligations, as far as known, and praying that a receiver thereof be appointed. The court may thereupon issue a notice as provided by section 20-2303, without issuing a warrant, and may, upon the return of the notice and after a summary hearing, dismiss the petition or appoint a receiver and direct him to demand and collect the debts and obligations specified in the petition. The receiver shall give bond as provided by section 20-2305, and shall hold the proceeds of the debts and obligations and all property received by him, and distribute them as hereafter provided by this chapter. The court may confer upon the receiver such further authority as may be conferred under section 20-2307. § 20-2309. Care, custody, sale of property The court may make orders for the care, custody, leasing, and investing of property and its proceeds in the possession of a receiver appointed under this chapter. After the appointment of a receiver, upon his petition and after notice, the court may order all or part of the property, including the rights of the absentee in land, to be mortgaged, or sold at public or private sale, to supply money for payments authorized by this chapter or for reinvestment approved by the court. § 20-2310. Support of absentee's wife and minor children The court may order the property held by the receiver under this chapter, or its proceeds acquired by mortgage, lease, or sale, to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee's wife and minor children, and to the discharge of debts and claims for alimony proved against the absentee. § 20-2311. Receiver may adjust claims of or against estate The court may authorize a receiver appointed under this chapter to adjust by arbitration or compromise demands in favor of or against the estate of the absentee.

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§ 20-2312. Compensation of receiver; interest of absentee in property to cease after fourteen years A receiver appointed under this chapter shall be allowed such compensation and disbursements as the court orders, to be paid out of the property or proceeds. I f within 14 years after the date of the disappearance and absconding as found and recorded by the court, the absentee appears, or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of the absentee is appointed, the receiver shall account for, deliver, and pay over to him the remainder of the property. If the absentee does not appear and claim the property within the 14-year period specified, all his right, title, and interest in the property, real or personal, or the proceeds thereof shall cease, and no action may be brought by him on account thereof. §20-2313. Distribution after fourteen years as if absentee had died intestate When, at the expiration of the 14-year period specified by section 20-2312, the property has not been accounted for, delivered, or paid over under section 20-2312, the court shall order the distribution of the remainder to the persons to whom, and in the shares and proportions in which, it would have been distributed if the absentee had died intestate within the District of Columbia on the day 14 years after the date of the disappearance or absconding as found and recorded by the court. § 20-2314. Time for distribution and accounting when receiver not appointed within thirteen years When a receiver is appointed more than 13 years after the date found by the court under section 20-2305, the time limited for accounting for, or fixed for distributing, the property or its proceeds, or for barring actions relative thereto, is one year after the date of his appointment instead of the 14 years provided by sections 20-2312 and 20-2313; except that the time limited for accounting for, or fixed for distributing, any additional property or its proceeds within the District of Columbia coming into the possession of the receiver during the one year period, or for barring actions relative thereto, is one year after the date possession is taken by the receiver. § 20-2315. Construction with other laws This chapter does not modify sections 14-701 and 14-702.

TITLE 21—FIDUCIARY RELATIONS AND THE MENTALLY ILL CHAPTBB 1. G U A R D I A N S H I P OF I N F A N T S 3. G I F T S TO M I N O R S — UNIFORM L A W 5. HOSPITALIZATION OF THE MENTALLY III 7. PROPERTY OF MENTALLY III PERSONS 9. MENTALLY III PERSONS FOUND I N CERTAIN FEDERAL RESERVATIONS

Sec. 21-101 21-301 21-501 21-701 21-901

11. CJOMMITMENT AND MAINTENANCE OF FEEBLE-MINDED PERSONS

21-1101

13. ALCOHOLICS AND DRUG ADDICTS

21-1301

15.

21-1501

CJONSERVATOES

17, UNIFORM FIDUCIARIES ACT

21-1701

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CHAPTER 1—GUARDIANSHIP OF I N F A N T S SUBCHAPTER I—APPOINTMENT OF GUARDIAN; BOND Sec. 21-101. Natural guardians of the person. 21-102. Testamentary guardians of the person. 21-103. Appointment of guardians of the person by court; limitation of number of wards. 21-104. Termination of guardianship of the person. 21-105. Appointment by deed or will for child inheriting from parent. 21-106. Guardian of estate. 21-107. Preferences in appointment of guardian of estate. 21-108. Selection of guardian by infant. 21-109. Husband as guardian of estate. 21-110. Service on nonresident guardian; failure to give power of attorney. 21-111. Ancillary guardian of estate of nonresident infant. 21-112. Suits by ancillary guardian. 21-113. Enjoining husband, parent, or testamentary guardian from interfering with minor's estate. 21-114. Bond from parents of child entitled to property. 21-115. Bond of guardian of estate. 21-116. One bond for several wards. 21-117. Additional bond. 21-118. Counter security; petition by surety. 21-119. Allowances made before bond given. 21-120. Settlement of actions involving minor children; appointment of guardian of estate. SUBCHAPTER II—PROPERTY OF INFANTS 21-141. 21-142. 21-143. 21-144. 21-145. 21-146. 21-147. 21-148. 21-149. 21-150. 21-151. 21-152. 21-153. 21-154. 21-155.

Possession of property. Inventory. Duties; accounts; maintenance and education; sales; compensation. Property subject to liens. Property subject to executory contract. Contract for sale by adult in behalf of himself and infant. Sale of infant's principal for maintenance or education. Sale or exchange of real estate; proceedings. Parties. Proof. Decree of sale; costs. Terms of sale; lien. Exchanges; appointment of trustees. Ratification of sales by court. Sale or exchange of particular estate or remainder; application of income. 21-156. Lease of infant's estate. 21-157. Mortgage of infant's estate. 21-158. Final account. SUBCHAPTER III—INDIGENT BOYS

21-181. Enlistment of indigent boys. 21-182. Preparation of guardianship papers. Subchapter I—Appointment of Guardian; Bond § 21-101. Natural guardians of the person (a) The father and mother are the natural guardians of the person of their minor children. When either dies or is incapable of acting, the natural guardianship of the person devolves upon the other. (b) This section does not affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it. § 21-102. Testamentary guardians of the person When one parent is dead, the other, whether of full age or not, may, by last will and testament, appoint a guardian of the person to have the care, custody, and tuition of his infant child, other than a married female; and if the person so appointed refuses the trust, the Probate Court may appoint another person in his place.

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§ 21-103. Appointment of guardians of the person by court; limitation of number of wards (a) When an infant has neither a natural nor testamentary guardian, a guardian of the person may be appointed by the Probate Court in its own discretion or on the application of a next friend of the infant. (b) Only trust companies may act as guardian of the person for more than five infants at one time, unless the infants are members of one family. § 21-104. Termination of guardianship of the person A natural guardianship or an appointive guardianship of the person of an infant ceases, in the case of a male infant when he becomes 21 years of age, and in the case of a female infant when she becomes 18 years of age or marries. § 21-105. Appointment by deed or will for child inheriting from parent (a) I n case of the death of either parent from whom his or her minor children inherit or take by devise or bequest, the parent may by deed or last will and testament appoint a guardian of the property of the children, subject to the approval of the proper court of the District of Columbia. (b) This section does not limit or affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it. § 21-106. Guardian of estate (a) Subject to sections 21-101 to 21-104, when land descends or is devised to an infant under 21 years of age, or the infant is entitled to a distributive share of the personal estate of an intestate, or to a legacy or bequest under a last will, or acquires real or personal property by gift or purchase, the Probate Court may appoint a guardian of the infant's estate; and if there is a guardian of the person of the infant the guardian of the estate so appointed may be the same or a different person. (b) The appointment may be made at any time after the probate of the will or the grant of administration when the infant is entitled as a devisee, legatee, or next of kin. (c) Only trust companies may act as guardian of the estate of more than five infants at one time, unless the infants are entitled to shares of the same estate. § 21-107. Preferences in appointment of guardian of estate In appointing a guardian of the estate of an infant, unless said infant 1^ over 14 years of age as hereinafter directed in section 21-108, the court shall give preference to— (1) the father, if living; or (2) if he is dead, then to the mother, if living; or (3) if the infant is a married female, to her husband— when in the judgment of the court the parent or husband is a suitable person to have the management of the infant's estate. § 21-108. Selection of guardian by infant (a) When a guardian, either of the person or the estate, of an infant is appointed, the infant shall, if practicable, be brought before the court, and, if over 14 years of age, shall be entitled to select and nominate his or her jniardian.

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(b) When a guardian has been appointed before the infant has attained the age of 14 years, the infant, upon arriving at that age, may select a new guardian, notwithstanding the appointment before made. (c) The court shall pass upon the character and competency of the guardian selected by the infant, and the guardian shall be: (1) required to give bond as in other cases; (2) subject to the control of the court; and (3) under the same obligations and discharge the same duties— as if selected by the court. (d) When, after a guardian of the estate has been appointed, the infant selects a new guardian upon arriving at the age of 14 years, and the new selection is approved by the court, and the person selected is duly appointed and qualified, the guardian previously appointed shall settle his final account and turn over his ward's estate to the newly appointed guardian. §21-109. Husband as guardian of estate When a female infant to whom a guardian of her estate has been appointed marries, she may select her husband as the guardian of her estate, with the approval of the court; and after he is duly appointed and qualified by giving bond, as is required in other cases, the powers of the guardian previously appointed shall cease, and he shall settle his final account and turn over his ward's estate to her husband, according to the order and directions of the court. § 21-110. Service on nonresident guardian; failure to give power of attorney Before original or ancillary letters of guardianship are issued, the person designated, if a nonresident of the District of Columbia, shall file in the office of the Register of Wills an irrevocable power of attorney designating the Register of Wills and his successors in office as the person upon whom all notices and process issued by a competent court in the District may be served, with like effect as personal service, in relation to all suits, matters, causes, or things affecting or pertaining to the estate in which the letters are to be issued. The Register of Wills shall forthwith forward by registered or certified mail to the address of the guardian, which shall be stated in the power of attorney, all notices or process served upon the Register under this section. If the person fails to file the power of attorney within 10 days after the entry of the order of appointment, the order shall stand revoked, and he shall forfeit all rights to the office. § 21-111. Ancillary guardian of estate of nonresident infant When an infant residing outside the District of Columbia is entitled to property or to maintain an action in the District of Columbia, a general guardian or committee of his estate, appointed by a court of competent jurisdiction in the State or territory where the infant resides, or a person at the request of the guardian or committee, may petition the court for ancillary letters as guardian or committee. The petition shall be under oath, accompanied by certified copies of as much of the record and proceedings as shows the appointment of the guardian or committee and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority conferred. The court may thereupon issue to the guardian or committee ancillary letters as such guardian or committee,, without citation, or may cite such persons as it believes proper to show cause why the application should be refused; and the court shall require the security required by law in like cases from a resident guardian or committee.

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§ 21-112. Suits by ancillary guardian (a) Upon the granting of ancillary letters, the guardian may institute and prosecute to judgment any action in the courts of the District of Columbia, take possession of all property of his ward, and collect and receive all moneys belonging and due to him therein, give full receipt and acquittances for debts, and release all claims, liens, and mortgages belonging to the ward, on property in the District of Columbia, in the same manner as if his authority had been originally conferred by the United States District Court for the District of Columbia. (b) The guardian shall give security for the costs which may accrue in an action brought by him, in the same manner as other nonresidents bringing suit in the courts of the District. § 21-113. Enjoining husband, parents, or testamentary guardian from interfering with minor's estate On application of a friend of an infant entitled to real or personal estate, or in the exercise of its own discretion, the court may enjoin a parent or husband or testamentary guardian from interfering with the infant's estate without being appointed and giving bond as guardian of the estate. § 21-114. Bond from parents of child entitled to property When an infant whose father or mother is living becomes entitled to property, the Probate Court may require the father or mother, as guardian, to give bond and security to account for the property, and on his or her failure or refusal so to do may appoint another person guardian, who shall give bond as in other cases. § 21-115. Bond of guardian of estate A guardian appointed by the court, other than a corporation authorized to act as guardian, and a testamentary guardian, unless otherwise directed by the will making the appointment, before entering upon or taking possession of or interfering with the estate of the infant, shall execute a bond to the United States in such penalty and with such surety as the court approves, to be recorded and to be liable to be sued upon for the use of a person interested, with the condition that if he, as guardian, faithfully accounts to the court, as required by law, for the management of the property and estate of the infant under his care, and delivers up the property agreeably to the order of the court or the directions of law, and in all respects performs the duty of guardian according to law, then the obligation shall cease; it shall otherwise remain in full force. § 21-116. One bond for several wards When a person is guardian to a number of persons entitled to shares of the same estate the court may accept one bond instead of separate bonds for each ward, and the bond shall be liable to be sued upon for the use of all or any of the wards as fully as separate bonds might be. §21-117. Additional bond The court may at any time require a guardian to give bond or additional bond, when the interests of the infant require it, and on his failure or refusal so to do, may revoke his appointment and appoint another guardian in his place, and require the estate of the infant to be forthwith delivered to the newly appointed guardian, and may direct the latter to bring suit upon the bond of his predecessor. §21-118. Counter security; petition by surety If a surety of a guardian by petition sets forth that he apprehends himself to be in danger of loss in consequence of his suretyship, and

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prays the court to be relieved, the court, after summoning the guardian to answer the petition, may require him to give counter security to indemnify his original surety or to deliver his ward's estate into the hands of the surety or of another person. In either case, the court shall require sufficient security for the proper management and application of the estate to be given by the person into whose hands the estate is delivered, and make such other order as seems just. § 21-119. Allowances made before bond given An allowance made to a guardian for the clothing, support, maintenance, education or other expenses incurred for the ward or his estate, before the guardian gives bond or is appointed, has the same effect in law as if made subsequently to the appointment of the guardian and his giving bond. § 21-120. Settlement of actions involving minor children; appointment of guardian of estate (a) A person entitled to maintain or defend an action on behalf of a minor child, including an action relating to real estate, is competent to settle an action so brought and, upon settlement thereof or upon satisfaction of a judgment obtained therein, is competent to give a full acquittance and release of all liability in connection with the action, but such a settlement is not valid unless approved by a judge of the court in which the action is pending. (b) A person may not receive money or other property on behalf of a minor in settlement of an action brought on behalf of or against the minor or in satisfaction of a judgment in the action, where, after deduction of fees, costs and all other expenses incident to the matter, the net value of the money and property due the minor exceeds $3,000, before he is appointed by a court of competent jurisdiction as guardian of the estate of the minor to receive the money or property, and qualifies as such. Subchapter II—Property of Infants § 21-141. Possession of property On the execution of his bond, a guardian is entitled to an order of the court directing the real and personal estate of the ward to be delivered into his possession, and all legacies and distributive shares to which the ward is entitled to be paid or delivered to him when they are properly payable or distributable according to law. §21-142. Inventory Within three months after the execution and approval of his bond, a guardian shall return to the court, under oath, an inventory of the real and personal estate of his ward and of the probable annual income thereof, and the court may direct the estate to be appraised and the annual income thereof to be ascertained by two competent persons, to be appointed by the court, who shall report their appraisement and finding under oath. §21-143. Duties; accounts; maintenance and education; sales; compensation A guardian shall manage the estate for the best interests of the ward, and once in each year, or oftener if required, he shall settle an account of his trust under oath. He shall account for all profit and increase of his ward's estate and the annual value thereof, and shall be allowed credit for taxes, repairs, improvements, expenses, and commissions, and he is not answerable for any loss or decrease sustained without his fault. The court shall determine the amounts to be expended annually in the maintenance and education of the infant, re-

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gard being had to his future condition and prospects in life; and if it deems it advantageous to the ward, may allow the guardian to exceed the income of the estate and to make use of the principal and sell it or part thereof, under the court's order, as provided by this subchapter; but a guardian may not sell any property of his ward without an order of the court previously had therefor. The court shall allow a reasonable compensation for services rendered by the guardian not exceeding a commission of five per centum of the amounts collected, if and when disbursed. § 21-144. Property subject to liens When an infant is entitled to real or personal estate in the District of Columbia which is liable to a mortgage, trust, or lien, or is in any way charged with the payment of money, the court may decree in the case as if the infant were of full age. § 21-145. Property subject to executory contract When an infant is: (1) entitled to real or personal estate in the District of Columbia bound by executory contract entered into by the person from whom the infant derived title; or (2) claims a right or interest in property under such a contract— the court may decree the execution of the contract or enter a just and proper decree, as if the parties were of full age. §21-146. Contract for sale by adult in behalf of himself and infant When a contract is made for the sale of real estate by persons interested therein jointly or in common with an infant, for and in behalf of all the persons so interested, which the court, upon a hearing and examination of the circumstances, considers to be for the interest and advantage both of the infant and of the other persons interested therein to be confirmed, the court may confirm the contract and order a deed to be executed according to it. Sales and deeds made in pursuance of the order are sufficient in law to transfer the estate and interest of the infant in the real estate. § 21-147. Sale of infant's principal for maintenance or education When it appears, upon the verified petition of a guardian, or in case of his refusal to act, a next friend of an infant, and the appearance and answer of the infant by guardian to be appointed by the court, and proof by deposition of one or more disinterested witnesses, that a sale of the principal of the infant's estate, or of a part thereof, whether real or personal, is necessary for his maintenance or education, regard being had to his condition and prospects in life, the Probate Court may decree the sale on terms which to it seem proper. § 21-148. Sale or exchange of real estate; proceedings When a guardian or, in case of his refusal to act, a next friend, deems that the interests of the ward will be promoted by a sale of his freehold or leasehold estate in lands, for the purpose of reinvesting the proceeds in other property or securities, or by an exchange of the property for other property, he may file a verified petition in the court, setting forth all the estate of the ward, real and personal, and all the facts which, in his opinion, tend to show whether the ward's interest will be promoted by the sale or exchange. §21-149. Parties The infant, together with those who would succeed to the estate if he were dead, shall be made parties defendant in the proceeding provided by section 21-148; and the court shall appoint a fit and dis-

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interested person to be guardian ad litem for the infant, who shall answer the petition under oath. The infant also, if above the age of 14 years, shall answer the petition in proper person, under oath. §21-150. Proof Every fact material to determine the propriety of a sale or exchange shall be clearly proved, in a proceeding brought pursuant to section 21-148, by disinterested witnesses, whose testimony shall be taken in writing in the presence of the guardian ad litem or upon interrogatories agreed upon by him. § 21-151. Decree of sale; costs When, in a proceeding brought pursuant to section 21-148, the court is satisfied from the evidence that the interests of the infant require a sale or exchange, as prayed, and the rights of others will not be violated thereby, the sale or exchange may be decreed, and the costs of the suit shall be paid out of the infant's estate; otherwise they shall be paid by the complainant. §21-152. Terms of sale; lien A sale pursuant to a decree issued pursuant to section 21-151 may be made upon such terms as to cash and credit as the court directs, and a lien shall be retained on the property sold for the purchase money. §21-153. Exchanges; appointment of trustees I n decreeing an exchange of an infant's estate for other property, pursuant to section 21-151, the court need not require equality or sameness in the quantity or character of the estate or interest, and the court may appoint trustees to execute the deeds necessary to carry the exchange into effect. § 21-154. Ratification of sales by court A sale of property of an infant is not effectual to pass title to the property sold until it is reported to and ratified by the court. §21-155. Sale or exchange of particular estate or remainder; application of income Where an infant is entitled to a particular estate, as for life or years, and another person is entitled to an estate in remainder or reversion or by way of executory devise in the same property, or the other person is entitled to the particular estate and the infant is entitled in remainder or reversion or executory devise, the court may decree a sale or exchange as provided by sections 21-148 to 21-153, having reference solely to the interests of the infant, if the other person so interested consents to the sale or exchange and execute the conveyances necessary to carry it into effect. The court shall direct the annual income from the fund or property acquired by the sale or exchange to be applied according to the interests of the respective parties. § 21-156. Lease of infant's estate Where it appears to the court that it will be to the advantage of the infant that his real estate be demised, the court shall decree that it be demised for a term of years not to exceed the minority of the infant, yielding such rents and on such terms and conditions as the court directs. Where the infant is entitled to only a part of the estate, the decree demising the estate shall be made only if all the owners of the other interests assent. § 21-157. Mortgage of infant's estate Where it appears to the court by proof that it would be for the advantage of the infant to raise money by mortgage for his maintenance or to improve his real property or to pay off charges, liens, or incumbrances thereon, the court may, on the application

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of the guardian or of the infant by next friend, decree a conveyance of the property, by mortgage or deed of trust, to be executed by the guardian, on such terms as to the court seem expedient. This section also applies where the infant holds jointly or in common with other persons of full age or holds a portion of the estate, as a particular estate, for life or years or in remainder or reversion, if the other owners interested, all being of full age, consent to the decree and unite in the mortgage or deed of trust. § 21-158. Final account On arrival of a ward at the age of 21 years the guardian shall exhibit a final account of his trust to the court, and shall, agreeably to the court's order, deliver up to the ward all the property of the ward in his hands and if he fails to do so, his bond may be sued upon in the name of the United States for the use of the party interested, and he may be attached. Subchapter III—Indigent Boys § 21-181. Enlistment of indigent boys The Probate Court may appoint guardians to indigent boys for the purpose of securing their enlistment in the naval or marine service of the United States, as provided by law, free of costs on account of the proceeding. § 21-182. Preparation of guardianship papers The Register of Wills shall prepare papers in connection with appointment of guardians to enable indigent boys to enlist in the United States Navy as provided by law, without making a charge therefor. District of

CHAPTER 3—GIFTS TO MINORS—UNIFORM LAW

Columbia Uniform Gifts to

„

Minors Act.

21-301. Definitions. 21-302. Gifts of securities, money, life insurance, or annuity contracts to minors; manner of making. 21-303. Gift irrevocable; rights and duties of guardian or custodian. 21-304. Custodian to be one person; rights, powers, and duties of custodian. 21-305. Compensation of custodian or guardian; bond; liability of custodian serving without compensation. 21-306. Exemption of third persons from liability. 21-307. Successor custodians; eligibility; rights, powers, and duties; manner of resignation; removal. 21-308. Accounting by custodian or his legal representative. 21-309. Construction of chapter. 21-310. Short title. 21-311. Preservation of prior rights and liabilities; construction with other laws.

§21-301. Definitions As used in this chapter: (1) "adult" means a person who has attained the age of twenty-one years; (2) "bank" meansra person or association of persons carrying on the business of banking, whether incorporated or not, in the District of Columbia; (3) "broker" means a person who is lawfully engaged in the business of effecting transactions in securities for the account of others; a bank which effects such transactions; and one who is lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business; (4) "court" means the United States District Court for the District of Columbia;

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(5) "custodial property" means: (A) securities, money, life insurance and annuity contracts under the supervision of the same custodian for the same minor as a consequence of gifts made to the minor in the manner prescribed by this chapter; (B) the income from the custodial property; and (C) the proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, or other disposition of securities, money, life insurance and annuity contracts, and income; (6) "custodian" lAeans a person so designated in the manner prescribed by this chapter; (7) "guardian of a minor" means the general guardian, guardian, tutor, or curator of the minor's property, estate, or person; (8) "issuer" means a person who places or authorizes the placing of his name, other than as a transfer agent, on a security to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of such a person; (9) "legal representative" means the executor, administrator, general guardian, committee, conservator, tutor, or curator of a person's property or estate; (10) "life insurance and annuity contracts" include only insurance and annuity contracts on the life of a minor or a member of the minor's family as defined by clauses (11) and (12); (11) "member of a minor's family" includes a minor's parent, grandparent, brother, sister, uncle, and aunt, whether of the whole Blood or the half blood, or by or through legal adoption; (12) "minor" means a person who has not attained the age of 21 years; (13) "security" means a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate transferable, share, voting trust certificate, or, in general, an interest or instrument commonly known as a security, or a certificate of interest of participation in, a temporary or interim certificate, receipt, or certificate of deposit for, or a warrant or right to subscribe to or purchase, any of the foregoing; "security" does not include a security of which the donor is the issuer; a "security" is in "registered form" when it specifies a person entitled to it or to the right it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer; (14) "transfer agent" means one who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer m the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrender securities; (15) "trust company" means a bank authorized to exercise trust powers. §21--302. Gifts of securities, money, life insurance, or annuity contracts to minors; manner of making (a) A n adult may, during his lifetime, make a gift of a security, money, life insurance or annuity contract to one who is a minor on the date of the gift, if the subject of the gift is a security: (1) in registered form, by registering it in the name of the donor, another adult, or a trust company, followed, in substance, by the words: "as custodian for [name o i minor] under the District of Columbia Uniform Gifts to Minors Act"; 49-850 0-66—50

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(2) not in registered form, by delivering it to an adult other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the designated custodian: G I F T UNDEK THE D I S T E I C T OF COLUMBIA UNIFORM G I F T S TO MINORS ACT I, [name of donor], hereby deliver to [name of custodian] as custodian for [name of minor] under the District of Columbia Uniform Gifts to Minors Act, the following security (ies); [insert an appropriate description of the security or securities delivered sufficient to identify it or them]. [Signature of donor] Dated: [Name of custodian] hereby acknowledges receipt of the above described security (ies) as custodian for the above minor under the above Act. [Signature of custodian]

Dated: (3) Where the subject of the gift is a life insurance or annuity contract, the donor shall register the ownership of the contract in his own name or in the name of an adult member of the minor's family or in the name of a guardian of the minor, followed by the words "as custodian for [name of minor] under the District of Columbia Uniform Gifts to Minors Act", and the contract shall be delivered to the person in whose name it is thus registered as custodian. Where the contract is registered in the name of the donor as custodian, the registration of itself constitutes the delivery required by this section. (4) Where the subject of the gift is money, by paying or delivering it to a broker or a bank for credit to an account in the name of the donor, another adult, or a bank with trust powers, followed, in substance, by the words: "as custodian for [name of minor] under the District of Columbia Uniform Gifts to Minors Act". (b) A gift made in the manner prescribed by subsection (a) of this section may be made to only one minor. (c) A donor who makes a gift to a minor as prescribed by subsection (a) of this section shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor's failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as custodian affects the consummation of the gift. §21-303. Gift irrevocable; rights and duties of guardian or custodian (a) A gift made as prescribed by this chapter is irrevocable and conveys to the minor indefeasibly vested legal title to the security, money, life insurance or annuity contract given, but a guardian of the minor does not have a right, power, duty, or authority with respect to the custodial property, except as provided by this chapter. (b) By making a gift in the manner prescribed by this chapter, the donor incorporates in his gift all the provisions of this chapter and grants to the custodian, and to any issuer, transfer agent, bank, broker, insurance company, or third person dealing with a custodian, the respective powers, rights, and immunities provided by this chapter.

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§ 21-304. Custodian to be one person; rights, powers, and duties of custodian (a) Only one person may be the custodian. He shall collect, hold, manage, invest, and reinvest the custodial property. (b) The custodian shall pay over to the minor for expenditure by him, or expend for the minor's benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education, and benefit of the minor in the manner, at the times, and to the extent that the custodian in his discretion deems proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose. (c) The court, on the petition of a parent or guardian of the minor, or of the minor if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minor's support, maintenance, or education. (d) To the extent that the custodial property is not so expended, the custodian shall: (1) deliver or pay it over to the minor on his attaining the age of 21 years; or (2) if the minor dies before attaining that age, thereupon deliver or pay it over to the estate of the minor. (e) A custodian, notwithstanding statutes restricting investments by fiduciaries, may invest and reinvest the custodial property as would a prudent person of discretion and intelligence who is seeking a reasonable income and the preservation of capital, or he may, without liability to the minor or his estate, retain a security given to the minor in the manner prescribed by this chapter. (f) A custodian may dispose of custodial property in the manner, at the times, for the prices, and upon the terms he deems advisable. H e may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of an issuer, a security which is custodial property, and to the sale, lease, pledge, or mortgage of any property by or to the issuer, and to any other action by the issuer. He may execute and deliver all instruments in writing which he deems advisable to carry out any of his powers as custodian. (g) A custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed in substance, by the words: "as custodian for [name of minor] under the District of Columbia Uniform Gifts to Minors Act". H e shall hold all money which is custodial property in an account with a broker or in a bank in the name of the custodian, followed, in substance, by the same words. H e shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property. (h) A custodian shall keep records of all transactions with respect to the custodial property, and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years. (i) A custodian has, as powers in trust, with respect to the custodial property, in addition to the rights and powers provided by this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.

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(j) Where the subject of the gift is a life insurance or annuity contract, the custodian has all the incidents of ownership in the contract which he may hold as custodian to the same extent as if he were the owner thereof personally. The designated beneficiary of contract held by a custodian shall be the minor or, in the event of his death, the minor's estate. § 21-305. Compensation of custodian or guardian; bond; liability of custodian serving without compensation (a) A custodian is entitled to reasonable compensation for his services and to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties, but may act without compensation. (b) Compensation for a guardian or custodian shall be according to: (1) any direction of the donor when the gift is made, where it is not in excess of a statutory limitation of the District of Columbia for guardians or custodians; (2) any statute of the District of Columbia applicable to custodians or guardians; (3) any order of the court. (c) A custodian may not be required to give a bond for the performance of his duties. (d) A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing, or gross negligence, or from his failure to maintain the standard of prudence in investing the custodial property prescribed by this chapter. § 21-306. Exemption of third persons from liability An issuer, transfer agent, bank, broker, insurance company, or other person acting on the instructions of or otherwise dealing with a person purporting to act as a donor or in the capacity of a custodian is not responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether a purchase, sale, or transfer to or by or other act of a person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, and is not obliged to inquire into the validity of propriety under this chapter of an instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, and is not bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him. §21-307. Successor custodians; eligibility; rights, powers, and duties; manner of resignation; removal (a) Only an adult, a guardian of the minor, or a trust company is eligible to become a successor custodian. A successor custodian has all the rights, powers, duties, and immunities of a custodian designated in the manner prescribed by this chapter. (b) A custodian, other than the donor, may resign and designate his successor by: (1) executing an instrument of resignation designating the successor custodian; and (2) causing each security which is custodial property and in registered form and each life insurance or annuity contract to be registered in the name of the successor custodian followed, in sub-

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stance, by the words: "as custodian for [name of minor] under the District of Columbia Uniform Gifts to Minors Act"; and (3) delivering to the successor custodian the instrument of resignation, each security registered in the name of the successor custodian, each life insurance or annuity contract registered in the name of the successor custodian, and all other custodial property, together with any additional instruments required for the transfer thereof. (c) A custodian, whether or not a donor, may petition the court for permission to resign and for the designation of a successor custodian. (d) When the person designated as custodian is not eligible, renounces or dies before the minor attains the age of 21 years, the guardian of the minor shall be successor custodian. When the minor has no guardian, a donor, his legal representative, the legal representative of the custodian, an adult member of the minor's family, or the minor, if he has attained the age of 14 years, may petition the court for the designation of a successor custodian. (e) A donor, the legal representative of a donor, an adult member of the minor's family, a guardian of the minor, or the minor if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties. (f) Upon the filing of a petition as provided by this section, the court shall grant an order, directed to those persons and returnable on such notice as the court requires, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor. § 21-308. Accounting by custodian or his legal representative (a) A minor, if he has attained the age of 14 years, or the legal representative of a minor, an adult member of the minor's family, or a donor or his legal representative, may petition the court for an accounting by the custodian or his legal representative. (b) The court, in a proceeding under this chapter or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof. § 21-309. Construction of chapter The method for making gifts to minors provided by this chapter is not exclusive. §21-310. Short title This chapter may be cited as the "District of Columbia Uniform Gifts to Minors Act". § 21-311. Preservation of prior rights and liabilities; construction with other laws This chapter does not affect rights and liabilities under the Act approved August 3, 1956 (chapter 947, 70 Stat. 1028), existing on December 31, 1962; nor does it supersede or modify the Internal Revenue Code of 1954, as amended (Title 26, United States Code), or the District of Columbia Income and Franchise Tax Act of 1947, as amended (subchapter II of chapter 15 of Title 47 of this Code).

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CHAPTER 5—HOSPITALIZATION OF THE MENTALLY ILL SUBCHAPTER I — DEFINITIONS; COMMISSION ON M E N T A L

HEALTH

Sec. 21-501. Definitions. 21-502. Commission on Mental Health; composition; appointment and terms of m e m b e r s; organization; c h a i r m a n; salaries. 21-503. Examinations and h e a r i n g s; s u b p e n a s; w i t n e s s e s; place.

SUBCHAPTER II—VOLUNTARY AND NONPROTE STING HOSPITALIZATION 21-511. 21-512. 21-513. 21-514.

Voluntary hospitalization. Release of voluntary patients. Hospitalization of nonprotesting persons. Release of p a t i e n t s hospitalized under section 21-513. SUBCHAPTER III—EMERGENCY HOSPITALIZATION

21-521. Detention of persons believed to be mentally i l l; transportation and application to hospital. 21-522. Examination and admission to h o s p i t a l; notice. 21-523. Court order requirement for hospital detention beyond 48 h o u r s; maximum period for observation. 21-524. Determination and order of court. 21-525. H e a r i n g by court. 21-526. Extension of maximum periods of time. 21-527. Examination and release of person; notice. 21-528. Detention of person pending judicial proceedings. SUBCHAPTER IV — H O S P I T A L I Z A T I O N U N D E R COURT O R D E R 21-541. Petition to Commission; copy to person affected. 21-542. Hearing by Commission; presence and rights of person affected; hearing regarding liability. 21-543. Representation by counsel; compensation; recess. 21-544. Determinations of Commission; report to c o u r t; copy to person affected; right to j u r y trial. 21-545. H e a r i n g and determination by court or j u r y; o r d e r; w i t n e s s e s; j u r o r s. 21-546. Periodic requests for examination of hospitalized p a t i e n t; procedure for examination and detention or r e l e a s e; petition to court. 21-547. Judicial determination of petition filed under section 21-546; o r d e r; physicians a s witnesses. 21-548. Periodic examinations by hospital authorities; release. 21-549. Preservation of other rights to release. 21-550. Surety. 21-551. Nonresidents. SUBCHAPTER V — R I G H T TO COMMUNICATION; E X E R C I S E O F OTHER RIGHTS 21-561. 21-562. 21-563. 21-564.

Mail privileges; censored m a i l; r e t u r n to sender; visiting hours. Medical and psychiatric care and t r e a t m e n t; records. Use of mechanical restraints; record of use. Exercise of property and other r i g h t s; notice of inability; persons hospitalized prior to September 15, 1964. 21-565. Statement of release and adjudication procedures and of other rights. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 21-581. 21-582. 21-583. 21-584. 21-585. 21-586. 21-587. 21-588. 21-589. 21-590. 21-591.

Proceedings instituted by Commissioners of the District of Columbia. Petitions, applications, or certificates of physicians. Physicians and psychiatrists a s witnesses. Witness fees. Confinement in jail prohibited. Financial responsibility for care of hospitalized person; judicial enforcement. Veterans' Administration and military hospital facilities. Forms. Persons hospitalized prior to September 15, 1964. Discharge as cured; restoration to legal status. Offenses and penalties.

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