the use and benefit of the persons entitled to the estate; and in case of a trust estate subject to the uses, limitations, and conditions, contained in the writing creating the trust. The court shall take ample security for all investments so made, and from time to time require additional security, if necessary, and make any proper order for the faithful application and safe investment of the fund, and for the management and preservation of any properties or securities in which the same has been invested, and for the protection of the rights of all persons interested therein, whether such rights be vested or contingent; but nothing hereinbefore contained shall prevent the court having charge thereof from directing such funds when the sum to be distributed on behalf of any one person does not exceed two thousand dollars, to be paid over to the legally appointed and qualified guardian, committee or trustee of the infant, insane or ex-service person, whenever the court is satisfied that the guardian or committee has executed sufficient bond, or from applying at any time all or any portion thereof to the proper needs and requirements of the ward, or of the insane or ex-service person. After the ward shall have arrived at the age of twenty-one years or the insane or ex-service person shall have been restored to sanity, the court may order that the entire amount of the fund, or any part thereof, be paid over to him, regardless of such needs and requirements. (Code 1919, § 5342; 1926. p. 870; 1928, p. 747;

1942, Ex. Sess., p. 26; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Cross references.-As to investment by court of proceeds of sale by real estate of nonresident infant, insane person, or cestui que trust, see § 26-61. As to application of proceeds under alternative procedure for sale of lands of insane person, see § 8-689.3. to applicability of this section in proceedings to sell or lease certain contingent and other estates, see § 8-703.2.

As

Proceeds can be paid only as provided in this section.--After sale of an infant's lands, the court can only have the proceeds paid, for purposes of investment, into the hands of some person, who may or may not be the infant's guardian, upon special bonds being given for the care of the same, as prescribed by this section. Pope v. Prince, 105 Va. 209, 52 S. E. 1009.

§ 8-686. Wife of insane, etc., husband may release her dower in lands so sold.— When a decree or order is made under this chapter for the sale of real estate of an insane or infant husband or an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141, his wife, if of the age of twenty-one years, may, if she thinks fit, join in the conveyance, and thereby release her right of dower, or sell and convey all her estate and interest in the granted premises in like manner as she might have done by a conveyance thereof, made jointly with the husband if he had been under no legal disability. (Code 1919, § 5344; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

§8-687. Same right in proceeds of sale to be secured to her or compensation made. In case of any such release by the wife of her right of dower, or of any such conveyance of her own estate, the proceeds of the sale shall be so disposed of under the order of the court directing the sale as to secure to her the same right, use, and benefit of and in the principal sum and the income thereof that she would have had of and in the real estate and the income thereof, if it had not been sold; or if she prefer it, she may receive or have secured to her out of such proceeds, such sum in gross as in the opinion of the court may be sufficient to compensate her for her interest in such real estate. (Code 1919, § 5345.) § 8-688. How dower or curtesy of insane spouse passed; rights in purchase money. If the husband of an insane wife or of an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141 wishes to sell or encumber real estate and to have her right of dower therein released, or if the wife of an insane husband or of an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141 wishes to sell or encumber real estate and have his right of curtesy therein released, he or she, as the case may be, may petition the circuit court of the county or circuit or corporation court of the corporation in which such estate, or some part thereof is. To such petition such insane person and his or her committee, if there be one, or such ex-service person and his trustee, shall be made parties defendant, and the court shall appoint a guardian ad litem for such insane defendant or ex-service person, who, as well as such committee, if there be one, or such trustee, shall answer the petition on oath. If it appears to the court to be proper, an order may be made for the execution of such release by a commissioner to be appointed by the court for that purpose, which release shall be effectual to pass such right of dower or of curtesy, as the case may be. But, in the case of a sale the court shall make such order as in its opinion may be proper to secure to the insane wife or husband, or the ex-service person, as the case may, the same interest in the purchase money and the income thereof that she or he would have had in the real estate and income thereof if it had not

been sold, or, at the discretion of the court, to secure to her or to him, as the case may be, out of the purchase money, such sum in gross as in the court's opinion may be sufficient to compensate her for right of dower or him for right of curtesy. (Code 1919, § 5346; 1926, p. 873; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Proceeding cannot be ex parte.-The husband of an insane wife cannot, by proceeding on an ex parte petition, deprive his wife of her contingent right of dower in his real estate. The proceeding under this section must be inter partes, the wife must be made a party thereto, and after notice, have an opportunity to be heard, or else the proceeding is void. Hess v. Gale, 93 Va. 467.

CODE OF VIRGINIA, 1950, VETERANS GUARDIANSHIP, TITLE 8, § 8-694

§ 8-694. Disposition of share in proceeds of infant or insane person.—The court making an order for sale shall, when the dividend of a party exceeds fifteen hundred dollars, if such party be an infant or insane, order the same to be invested as the proceeds of a sale under article 2 of this chapter are required to be invested. If such dividend does not exceed fifteen hundred dollars the same shall be paid to the guardian of such infant, or committee of such insane person, the court being first satisfied that such guardian or committee has given bond in sufficient penalty and with sureties sufficient for the security of the same; but if the interest of any person be held in trust the dividend of such person, whether greater or less than fifteen hundred dollars, shall be paid to the trustee, upon his giving bond as trustee, with sufficient surety, to be held by him upon the same trusts as the interest of such person in the land was held. (Code 1919, § 5281; 1922, p. 769; 1926, p. 45; 1928, p. 1013.)

VETERANS GUARDIANSHIP, WASHINGTON CODE (PIERCE), 1943, § 206-51 AN ACT relating to probate procedure and guardians for minors. insane and incompetent persons. Approved January 12, 1926. L'25ExSc104.

206-51 Requested Notices-Hearings.-§ 1. At any time after the issuance of letters of guardianship in the estate of any minor, insane or incompetent person, any person interested in said estate, or in such minor, insane or incompetent person, or any relative of such minor, insane or incompetent person, or any authorized representative of any agency, bureau, or department of the United States government from or through which any compensation, insurance, pension or other benefit is being paid, or is payable, may serve upon such guardian, or upon the attorney for such guardian, and file with the clerk of the court wherein the administration of such guardianship estate is pending, a written request stating that special written notice is desired of any or all of the following matters, steps or proceeding in the administration of such estate:

1. Filing of petition for sales, leases or mortgages of any property of the estate. 2. Filing of all intermediate or final accountings or accountings of any nature whatsoever. 3. Petitions by the guardian for family allowances or allowances for the ward or any other allowance of every nature from the funds of the estate. 4. Petitions for the investment of the funds of the estate.

Such request for special written notice shall designate the name, address and post office address of the person upon whom such notice is to be served and no service shall be required under this act other than in accordance with such designation unless and until a new designation shall have been made.

When any account, petition, or proceeding is filed in such estate of which special written notice is requested as herein provided, the court shall fix a time for hearing thereon which shall allow at least ten days for service of such notice before such hearing; and notice of such hearing, together with a copy of any such account, petition or proceeding, shall be served upon the person designated in such written request at least ten days before the date fixed for such hearing. If the place designated for such service is outside of the city in which is located the court in which such estate is being administered, the service may be made by leaving a copy with the person designated, or by mailing through the United States mail, with postage prepaid to the person and place designated; otherwise the service may be made by leaving a copy with the person or his authorized representative, at the place designated. 25Exc104 PC9920-1 RRS1586-1.

U. S. veterans' bureau invoked statute to protect pensioners, In re Strozyk, 156W233

VETERANS GUARDIANSHIP, WEST VIRGINIA CODE SUPPLEMENT, 1953, § 4300 ARTICLE 15. VETERANS' GUARDIANSHIP AND COMMITMENT

§ 4300. [14] Commitment to Veterans Administration or Other Agency of United States Government.-Whenever it appears that a veteran of any war, military occupation or expedition is eligible for care or treatment by the vet-erans administration or other agency of the United States government, and commitment thereto is necessary for the proper treatment and care of such veteran, the county court, the county mental hygiene commission, or other tribunal or commission in lieu of either thereof, of the county in which such person is found, upon receipt of a certificate from the veterans administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to the veterans administration or other agency of the United States government for care or treatment. Thereafter, such person, upon admission to any such facility, shall be subject to the rules and regulations of the veterans administration or other agency of the United States government. The chief officer of any such facility or institution to which such person is committed under the provisions of this section shall be vested with the same powers now exercised by officials of state hospitals for mental diseases within this state with respect to the retention, transfer, parole or discharge of persons so committed. Notice of such pending commitment proceedings shall be furnished the person whose commitment is sought, and his right to appear and defend shall not be denied. The judgment or order of commitment by a court of competent jurisdiction of another state committing a person to the veterans administration or other agency of the United States government for care or treatment, shall have the same force and effect as to such person while in this state as in the state in which is situated the court entering such judgment or making such order.

Upon receipt of a certificate of the veterans administration or other agency of the United States government that facilities are available for the care or treatment of any person heretofore or hereafter committed to any hospital for the insane or other institution in this state for the care of persons similarly afflicted; and that such person is eligible for care or treatment by the veterans administration or other agency of the United States, the superintendent of any such hospital or institution in this state is hereby authorized to cause the transfer of any such person to the veterans administration or other agency of the United States government for care or treatment. Upon effecting any such transfer, the committing court, commission or tribunal shall be notified thereof by the transferring agency: Provided, however, that no person shall be transferred if he be confined pursuant to conviction of any crime or misdemeanor, or if he shall have been acquitted of any such charge solely on the ground of insanity, unless prior to such transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

Any person transferred as provided in this section shall be deemed to be committed to the veterans administration or other agency of the United States government pursuant to the original commitment the same as if he had been originally so committed. (1929, c. 82, § 14; 1941, c. 127; 1953. c. 7.)

Effect of Amendment of 1953.-The amendment rewrote the first sentence of the first paragraph and inserted the words "commission or tribunal" in the second sentence of the second paragraph.

VETERANS GUARDIANSHIP WEST VIRGINIA CODE, 1949, §§ 4287-4304

LEGISLATIVE NOTE.-This article includes c. 82, Acts 1929, omitted by the joint legislative committee.

§ 4287. [1] Scope of Article.-Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, the appointment of a guardian or committee to act in a fiduciary capacity for any person is required prior to payment of benefits, pensions, compensation for service or for any other reason for which payments are due to such person from the government of the United States or any bureau or agency thereof, the United States, or the chief officer of any such bureau of agency of the government, shall be a party in interest in any proceeding for the appointment or removal of a committee or of a guardian or for the removal of the disability of minority or mental incapacity of a ward, or in any suit or other proceeding affecting in any manner the administration by the committee or the guardian of the estate of any ward whose estate includes assets

derived in whole or in part from benefits heretofore or hereafter paid by the United States, or any bureau or agency thereof. Not less than fifteen days prior to the hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the United States, or any bureau or agency thereof having jurisdiction in such matters over the area in which any such suit or proceeding is pending.

Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, it is necessary, prior to the payment of benefits, that a committee or guardian be appointed, the appointment may be made in the manner hereinafter provided. (1929, c. 82, § 1; 1945, c. 3.)

The 1945 amendment rewrote this section.

§ 4288. [2] When Unlawful for Person to Accept Appointment as Guardian; Removal. Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in such case, upon his delivering to a successor, properly qualified, the property with which he was chargeable: Provided, that the limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards' estates only: Provided further, that an individual may be guardian of more than five wards if they are all members of the same family. (1929, c. 82, § 2.)

§ 4289. [3] Petition for Appointment.-A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled, or if the person so entitled shall neglect or refuse to file such petition within thirty days after mailing of notice by the bureau or other agency of the government of the United States directly interested in the payment of the sums due the person or persons to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this State.

The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable from the government of the United States, and shall set forth the amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by an examining board employed or convened by the government of the United States in accordance with the laws and regulations governing the bureau or agency of the government from which payments are to be made. (1929, c. 82, §3.)

§ 4290. [4] Evidence of Necessity for Appointment of Guardian of Minor Ward. Where a petition is filed for the appointment of a guardian of a minor ward, a certificate setting forth the age of such minor as shown by the records and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the government of the United States shall be prima facie evidence of the necessity for such appointment. (1929, c. 82, §4.)

$4291. [5] Evidence of Necessity for Appointment of Guardian or Committee of Mentally Incompetent Ward. Where a petition is filed for the appointment of a guardian or committee of a mentally incompetent ward, a certificate setting forth the fact that such person has been rated incompetent by an examining board employed or convened by the government of the United States, on examination in accordance with the laws and regulations governing such bureau or agency of government from which payments are to be made, and that the appointment of a guardian is a condition precedent to the payment of any moneys due esuch person, shall be prima facie evidence of the necessity for such appointment. (1929, c. 82, §5.)

§ 4292. [6] Notice. Upon the filing of a petition for the appointment of a guardian or committee under the provisions of this article, the court shall cause such notice to be given as provided by law. (1929, c. 82, §6.)

§ 4293. [7] Qualifications and Bond of Guardian.-Before making an appointment under the provisions of this article the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. Such bond shall be in the form and be conditioned as required of a guardian appointed under the guardianship laws of this State. The court shall have power from time to time to require additional bond. No such bond tendered by a guardian or committee appointed under the provisions of this article shall be valid unless the surety thereon shall be a solvent surety or bonding company authorized to and legally doing business in this State. The premiums on such bond shall be properly payable out of the estate in the hands of such guardian or committee: Provided, however, that where the total estate coming into the hands of such guardian or committee shall at no time exceed the sum of five hundred dollars, then a bond with at least three personal sureties thereon may be accepted if such personal sureties are solvent and are worth, respectively, the amount named as the penalty of the bond. (1929, c. 82, §7.)

§ 4294. [8] Settlement of Accounts.-Every guardian, who shall receive on account of his ward any moneys from the government of the United States or any agency thereof, shall file with a commissioner of accounts annually, on the anniversary date of the appointment, or within thirty days thereafter, in addition to such other accounts as may be required, a full, true, and accurate account under oath of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested: Provided, that in cases where the income received by the committee or guardian does not average annually more than three hundred dollars, the committee or guardian may make his report of account to the commissioner once in every three years. A true copy of each such account filed with such commissioner of accounts shall be sent by such commissioner of accounts to the office of the bureau or other agency of the government having jurisdiction over the area in which such court is located and from which payments are made. The commissioner of accounts shall fix a time and place for the hearing on such account not less than fifteen not more than thirty days from the date of filing same, and notice thereof shall be given by the commissioner of accounts to the aforesaid bureau or other agency of the government not less than fifteen days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian. (1929, c. 82, §8; 1945, c. 3.)

The 1945 amendment added the proviso to the first sentence. Prior to the amendment a "certified" copy of each account filed with the commissioner of accounts was required to be sent by the guardian to the proper office.

§ 4295. [9] Failure to Make Settlement.-If any guardian shall fail to file any account of the money received by him from the bureau or other agency of the government on account of his ward within thirty days after such account is required by either the commissioner of accounts or the bureau or other agency of the government, or shall fail to furnish the bureau or other agency of the government a copy of his accounts as required by this article, such failure shall be grounds for a removal. (1929, c. 82, §9.)

§ 4296. [10] Compensation. Compensation payable to the guardian shall not exceed five per cent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian the circuit court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau or other agency of the government in the manner provided in section eight (§ 4294). No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. (1929, c. 82, §10.)

§ 4297. [11] Investment of Funds.-Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by law or approved by the court. (1929, c. 82, § 11.)

§ 4298. [12] Disbursements.-A committee shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, and a guardian of an infant shall not apply any portion of the income of the estate for the support or maintenance of any person other than the ward, except upon petition to and 95196-57--25