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Session Laws, 1969
Volume 692, Page 91   View pdf image
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MARVIN MANDEL, Governor                         91

whom service of any process may be made in like manner and with
like effect as if it were served personally on such guardian.

[216] 47. Payment of legacy, etc.—Court order.

If any nonresident infant shall be entitled to any legacy, bequest
or distributive share, or to any money or personal property in the
hands of a trustee appointed by will or shall be entitled to the
proceeds of sale of property in this State or to any legacy, bequest or
distributive share of any personal property in the hands of any ad-
ministrator or guardian in this State, and such infant has a guard-
ian regularly appointed in the state, district or territory of the
United States in which such infant resides, such foreign guardian
may obtain an order from the proper court for the payment, trans-
fer or delivery of such proceeds, legacy, bequest or distributive share
upon the terms prescribed in Sections [217 and 218] 48 and 49.

[217] 48. Same—What petition of guardian to state.

The foreign guardian claiming under Section 47 shall state by pe-
tition that he is duly appointed guardian to such infant by the
proper authority of the state, district or territory where the infant
resides; that he hath given good and sufficient security for the faith-
ful performance of his trust as guardian, and that as guardian he
there has the custody of the person or of the estate of such infant,
or both; and he shall set forth in such petition the entire amount of
personal property, including that in this State, belonging to such in-
fant, and also the income of the real estate, if any, of such infant,
which hath come or is likely to come into the hands of such guard-
ian; which petition shall be accompanied by a copy, duly authenti-
cated, of the record of his appointment and qualification as such
guardian, and of the bond or other instrument or security so given
as aforesaid.

[218] 49. Same—Verification of petition; sufficiency of security.

The petition shall be verified by the affidavit of such guardian, and
the sufficiency of the security shall be proved by the affidavit of the
chief clerk or prothonotary of the court by whom such security was
taken, or by the affidavit of some other disinterested and credible
witness; and upon the court being satisfied of the truth of the facts
set forth in such petition, and of the sufficiency of such security, an
order may pass for the purposes mentioned in Sections [215, 216 and
217] 46, 47 and 48.

[219] 50. Same—In what courts petitions presented.

If the money or property claimed is in the hands of an executor,
administrator, guardian or trustee appointed by will, and the estate
of said fiduciary is not being administered under the jurisdiction of
an equity court, the petition shall be presented to the orphans' court
of the county in which the administration was granted, the guardian
gave bond, or the trustee resides.

[220] 51. Same—Applicable only to wards under twenty-one years
of age.

Sections [216, 217, 218 and 219] 47, 48, 49 and 50