known and that he left an estate which requires administration, the clerk of the court shall appoint a day for hearing the petition, not less than three months from the date of filing.

(b) The petition may be for administration or probate of the last will, as the case may be, of the missing person and shall be verified to the best of the knowledge and belief of the petitioner. The petition shall set forth a statement of the facts required as in the case of the administration of estates of deceased persons, and shall, in addition thereto, contain allegations as to the last known place of residence of the missing person, and when he disappeared therefrom; the fact that he has not been heard from by the persons most likely to hear, naming them and their relationship, for a period of seven years, and the fact that his whereabouts is unknown to those persons and to the petitioner.

§ 2544. Notice of hearing; publication; mailing

Notice of hearing the petition for administration or probate of the last will of the missing person shall be published in the form of similar notices of hearing in the administration of estates of deceased persons, once each week for eight successive weeks, the first publication to be at least three calendar months prior to the date set for the hearing of the petition. In addition, within 20 days after the filing of the petition, copies of the notice shall be sent by registered or certified mail to each person named in the petition as heir-at-law, next of kin, devisee and legatee, and to the last known address of the missing person; and proof by affidavit of the publication and mailing shall be filed at or prior to the hearing.

§ 2545. Hearing; appointment of executor or administrator; findings

At the time fixed for the hearing, or at any subsequent time to which the hearing is postponed, the court shall hear the petition and the evidence in support of or in opposition thereto, and, if satisfied that the allegations thereof are true, and that the person has remained missing, and his whereabouts unknown, continuously for a period of seven years, shall thereupon appoint a qualified person as executor or administrator as in the manner provided for the estates of deceased persons. If the court grants the order, it shall determine the time when the person left his last place of residence and abode and became missing and that his whereabouts has not been known continuously for a period of at least seven years. Upon the hearing, the court may consider the testimony of any witness likely to know the last place of residence and whereabouts of the alleged missing person, and may likewise receive in evidence and consider the affidavits and depositions of other competent witnesses and give the evidence such weight as it deems proper.

§ 2546. Suspension of disposition; exceptions

Except for the purposes of paying taxes, assessments, liens, insurance premiums, allowing claims for debts contracted by the missing person before his disappearance or to prevent the depreciation of property on account of neglect, or waste, or specifically perform contracts made by the missing person before his disappearance, a sale, mortgage or other disposition or distribution of the property of the missing person may not be had until the lapse of one year after the appointment and qualification of the executor or administrator. § 2547. Suspension of distribution; bond of distributee

Distribution of the property of the estate to the heirs, devisees, or legatees of the missing person may not be made in any event until after the lapse of the period of one year after the appointment and

qualification of the executor or administrator; nor until after the lapse of three years after the appointment and qualification of the executor or administrator, unless the distributee or assignee executes and delivers to the representative of the estate a surety company bond in a penal sum not less than the value of the property distributed and for such additional amount as the court may prescribe. The bond is subject to approval by the court, and shall be conditioned for the return of the property or the value thereof to the representative of the estate in case the missing person is adjudicated, in the manner set forth in this chapter, to be still living since the commencement of the sevenyear period, and also conditioned to save the representative harmless from the damages and expenses of suits brought by the missing person or anyone succeeding to his or her rights, by reason of the distribution having been made during the period of three years.

§ 2548. Claim to be missing person; petition; issue of identity

If a person files a verified petition, within the period of three years after the appointment and qualification of a representative, claiming to be the missing person and also causes a copy thereof to be served personally or by registered or certified mail upon the legal representative and upon each of the heirs, legatees, and devisees, an issue shall thereupon be presented to the court to determine the identity of the claimant which issue shall be tried and determined by the court. The court may upon application or of its own motion require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant.

§ 2549. Same; contents of petition

The verified petition of the claimant shall set forth the facts and circumstances of his disappearance and continued absence, and other facts and circumstances upon which he relies for his identification. § 2550. Vacation of administration proceedings; delivery of property to claimant

If the issue is determined in favor of the claimant, and it is determined that the missing person is still living, an order shall be made vacating all of the proceedings for administration, except those providing for the payment of taxes, assessments, liens, insurance premiums, allowed claims, the specific performance of contracts, preservation of the property, and any sale, encumbrance or other disposition of the property made in compliance with an order of the court; and thereupon the residue of the estate, less fees, costs and expenses thus far incurred, shall be surrendered and delivered to the claimant.

§ 2551. Determination of death; petition; order

If another person appears and files a verified petition, within the three-year period, claiming that the missing person died subsequently to the commencement of the seven-year period, and the claimant is entitled to the property or any portion thereof, as successor in interest to the rights of the absent person because of his death; and if the claimant also causes a copy of the petition to be served either personally or by registered or certified mail upon the legal representative of

the estate and upon each of the heirs, legatees, and devisees, an issue shall thereupon be tried and determined by the court as to the truth of the petition. The court may upon application or on its own motion require the claimant to give security to be approved by the court for costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant.

If the issue is determined in favor of the claimant, the court shall make and enter such order as the circumstances require.

§ 2552. Conclusive presumption of death; final distribution

If no person makes a claim during the three-year period, either to be the missing person, or to have succeeded to the rights of the missing person since the commencement of the seven-year period by reason of the death of the missing person, a conclusive presumption arises that the missing person died prior to the filing of the petition for administration or the probate of his will; and the estate shall be finally distributed accordingly, as far as the distribution has not already been accomplished; and by order of the court the estate shall be closed and the liability of the representative and his sureties to claimants ended, and the liability of distributees ended, and all bonds given by them cancelled. If in any case the period of absence as set forth in section 2541 of this title has exceeded 10 years at the time of filing the petition for the appointment of an administrator or probate of the will, the estate may be finally distributed and closed at the end of one year, without a bond being given, with like effect as provided for in this chapter at the expiration of the three-year period. § 2553. Limitation of actions

After the expiration of the periods of time provided for the final distribution of the estate, and after the missing person has been absent and missing for the period of 10 years as provided in this chapter, the statute of limitations shall be deemed to have run against all claimants; and no action, suit, petition or proceeding may be brought by the missing person or persons claiming under him or otherwise claiming an interest in the estate, against the executor or administrator or against a surety on a bond or against any of the distributees, to recover any part or portion of the estate.

§ 2554. Property and estates governed by chapter

This chapter applies to the property and estates of all missing persons as defined in this chapter, who have been missing and absent from their last known place of residence for the continuous period of seven years, whether the absence commenced before the effective date of this Code and has been completed, or is still running, or shall commence to run after the effective date of this Code.

§ 2555. Manner of administration and distribution of estate

The administrator or executor to whom letters are issued as provided in this chapter shall administer and distribute the estate of the missing person in the same general manner, method of procedure and with the same force and effect as provided by this title for the administration and settlement of the estates of deceased persons, except as otherwise modified, limited or directed by this chapter.

PART 5-GUARDIAN AND WARD

CHAPTER

121. RELATIONSHIP OF GUARDIAN AND WARD123. WHEN GUARDIANSHIP NOT NECESSARY.

125. APPOINTMENT OF GUARDIANS FOR MINORS

127. APPOINTMENT OF GUARDIANS FOR INCOMPETENT PERSONS

129. OATHS, BONDS, AND LETTERS.

131. POWERS AND DUTIES OF GUARDIANS..

133. SALES, Mortgages, and ConveyanÇES.

135. INVENTORY AND ACCOUNTING.

137. NONRESIDENT WArds_-.

139. SUSPENSION; REMOVAL, AND RESIGNATION.

141. TERMINATION OF GUARDIANSHIP___

143. NOTICES AND PROCEDURE-----

Sec.

CHAPTER 121-RELATIONSHIP OF GUARDIAN AND

WARD

2801. Definition of relationship; applicability of trust law; control by court. 2802. General or special guardians.

Sec.

2801

2851

2881

2921

2961

3001

3041

3081

3121

3161

3201

3241

2803. Appointment of guardian of person and estate of child by will or deed. 2804. Appointment of guardian of person and estate of incompetent by will or deed.

2805. Appointment of general guardian by court; multiple guardians; bonds; deposit of moneys of small estates; confirmation of other appointments. 2806. Testamentary guardians; qualification, powers, duties, and bond. 2807. Rules for awarding custody or appointment of guardian of minor.

2808. Order of preference in awarding custody of minor.

2809. Parents adversely claiming custody or guardianship. 2810. Abandonment as forfeiture of right to guardianship. 2811. Marriage of guardian.

2812. Trust companies as guardians.

§ 2801. Definition of relationship; applicability of trust law; control by court

A guardian is a person appointed to take care of the person or property, or of both the person and property, of another. The latter is a ward. The relation of guardian and ward is confidential and subject to the provisions of law relating to trusts. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court.

§ 2802. General or special guardians

Guardians are either general or special. A general guardian is a guardian of the person or of all the property of the ward within the Canal Zone, or of both. Every other guardian is a special guardian. § 2803. Appointment of guardian of person and estate of child

by will or deed

Either parent of a legitimate child living or likely to be born may, by will or deed, appoint a guardian of the person or estate, or both, of the child, to take effect upon the death of the parent appointing:

(1) with the written consent of the other parent; or
(2) if the other parent is dead or incapable of consent.

If the child is illegitimate, the mother may make the appointment. § 2804. Appointment of guardian of person and estate of incompetent by will or deed

Either parent of an unmarried incompetent person, or of an incompetent person whose marriage has been annulled or dissolved by death or divorce, may, by will or deed, appoint a guardian of the person or estate, or both, of the incompetent, to take effect upon the death of the person appointing:

(1) with the written consent of the other parent; or

(2) if the other parent is dead or incapable of consent.

If the incompetent person is married, the spouse may make the appointment.

§ 2805. Appointment of general guardian by court; multiple guardians; bonds; deposit of moneys of small estates; confirmation of other appointments

(a) The district court shall appoint a general guardian of the person or estate, or both, of minors and incompetent persons, when necessary or convenient, and when a guardian has not been appointed for the purpose by will or deed. The court may appoint more than one guardian and shall require either a separate bond from each or a joint and several bond. Where two or more guardians are appointed as coguardians, each shall be governed and liable in all respects as a sole guardian.

(b) If the estate does not exceed $10,000 in value, the court may require that the money in the estate be deposited in a bank or trust company or be invested in an account in an insured savings and loan association, subject to withdrawal only upon the order of the court. In such cases, a bond is not required of the guardian.

(c) When requested to do so, the court shall confirm an appointment made by will or deed, upon the same procedure and notice as in the case of appointment by the court.

§ 2806. Testamentary guardians; qualification, powers, duties, and bond

A testamentary guardian shall qualify and has the same powers and shall perform the same duties with regard to the person and estate of his ward as guardians appointed by the court, except as far as his powers and duties are legally modified, enlarged, or changed by the will by which he was appointed, and except that the guardian need not give bond unless directed to do so by the court.

§ 2807. Rules for awarding custody or appointment of guardian of minor

(a) In awarding the custody of a minor, or in appointing a general guardian, the court or officer shall be guided by what appears to be for the best interest of the child in respect to its temporal, mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider the preference in determining the question.

(b) If the minor resides in the Canal Zone and is over 14 years of age, he may nominate his own guardian, either of his own accord or within 10 days after being cited by the court; and the nominee shall be appointed if approved by the court. When a guardian has been appointed for a minor under 14 years of age, the minor, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court.

§ 2808. Order of preference in awarding custody of minor

Of persons equally entitled in other respects to the custody of a minor, preference shall be given, as follows:

(1) to a parent;

(2) to one who was indicated by the wishes of a deceased parent; (3) to one who already stands in the position of a trustee of a fund to be applied to the child's support;

(4) to a relative.

§ 2809. Parents adversely claiming custody or guardianship As between parents claiming the custody or guardianship adversely to each other, neither has priority. Other things being equal, the custody or guardianship should be given:

if the child is of tender years, to the mother; or

(2) if the child is of an urge to require education and prepara

tion for labor and business, to the father.