Section 969. Shares of infant, incompetent or conservatee  


Latest version.
  • Where a party
      entitled to receive a portion of the proceeds  of  sale  is  an  infant,
      incompetent or conservatee, such portion may be disposed of as follows:
        1.  The  court may direct it to be invested in permanent securities in
      the name and for the benefit of the infant, incompetent or  conservatee,
      or  it  may  direct  it  to  be paid over to the general guardian of the
      infant, committee of the incompetent or conservator of the  conservatee,
      when   the  guardian,  committee  conservator  shall  have  executed  an
      undertaking to such infant, incompetent or conservatee; or,
        2. Where  a  general  guardian,  committee  or  conservator  has  been
      appointed,  upon  proof  that  it  will  be  for  the  best interest and
      advantage of the estate  of  such  infant,  incompetent  or  conservatee
      person,  the  court may authorize and direct such guardian, committee or
      conservator,  in  the  name  of  such  infant,  incompetent  person   or
      conservatee,  to  make  application  for  an  award of a sum in gross as
      provided in section 968; or,
        3. If any of the moneys arising from the proceeds of such  sale  shall
      have been paid to the county treasurer, and on due proof that such money
      has  remained  uninvested in permanent securities for the space of three
      months, the court may  direct  the  same  to  be  paid  to  the  general
      guardian,  committee  or  conservator  of  such  infant,  incompetent or
      conservatee upon his giving an undertaking for the faithful execution of
      his trust; where said sum in hands of county treasurer does  not  exceed
      the sum of one thousand dollars the court may direct the same to be paid
      in accordance with subdivision five of this section; or,
        4.  In  the  case  of  an  infant, incompetent or conservatee residing
      without the state and having in the state or country  where  he  or  she
      resides  a  general  guardian,  committee or conservator, or person duly
      appointed under the laws of such state or country to  the  control,  and
      entitled  by  the  laws  of such state or country to the custody, of the
      money of such  infant,  incompetent  or  conservatee,  the  court,  upon
      satisfactory  proof  of  such  facts  and  of  the  sufficiency  of  the
      undertaking given by such general guardian, committee or conservator  or
      person in such state or country by the certificate of a judge of a court
      of  record  of  such state or country, or otherwise, may direct that the
      portion of such infant, incompetent or  conservatee  arising  upon  such
      sale  shall  be  paid  over  to  such  general  guardian,  committee  or
      conservator or person; or,
        5. If the portion of the proceeds arising upon such sale which belongs
      to an infant, incompetent or conservatee residing within or without  the
      state  does  not  exceed one thousand dollars, the court may direct that
      the same may be paid to  his  father,  or  to  his  mother  or  to  some
      competent  person  with  whom  the  infant,  incompetent  or conservatee
      resides, or who has some interest  in  his  welfare,  for  the  use  and
      benefit of such infant, incompetent or conservatee.