Subchapter II. Property of Infants.


  • Current through October 23, 2012
  • 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.

    (Sept. 14, 1965, 79 Stat. 741, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-141.

    1973 Ed., § 21-141.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 741, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-142.

    1973 Ed., § 21-142.

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  • 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, regard 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.

    (Sept. 14, 1965, 79 Stat. 741, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-143.

    1973 Ed., § 21-143.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-144.

    1973 Ed., § 21-144.

  • Current through October 23, 2012 Back to Top
  • 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-145.

    1973 Ed., § 21-145.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-146.

    1973 Ed., § 21-146.

  • Current through October 23, 2012 Back to Top
  • When it appears, upon the verified petition of a guardian, or in a 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-147.

    1973 Ed., § 21-147.

  • Current through October 23, 2012 Back to Top
  • 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-148.

    1973 Ed., § 21-148.

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  • 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 disinterested 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.

    (Sept. 14, 1965, 79 Stat. 742, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-149.

    1973 Ed., § 21-149.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-150.

    1973 Ed., § 21-150.

  • Current through October 23, 2012 Back to Top
  • 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-151.

    1973 Ed., § 21-151.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-152.

    1973 Ed., § 21-152.

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  • In 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-153.

    1973 Ed., § 21-153.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-154.

    1973 Ed., § 21-154.

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  • 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-155.

    1973 Ed., § 21-155.

  • Current through October 23, 2012 Back to Top
  • 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 interest assent.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-156.

    1973 Ed., § 21-156.

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  • 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 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.

    (Sept. 14, 1965, 79 Stat. 743, Pub. L. 89-183, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-157.

    1973 Ed., § 21-157.

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  • On arrival of a ward at the age of 18 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 for the use of the party interested, and he may be attached.

    (Sept. 14, 1965, 79 Stat. 744, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(a) (3); July 22, 1976, D.C. Law 1- 75, § 4(c), 23 DCR 1181.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 21-158.

    1973 Ed., § 21-158.

    Legislative History of Laws

    For legislative history of D.C. Law 1-75, see Historical and Statutory Notes following § 21-104.