Public Law 89–183

§ 18–101. Definitions

As used in this title, unless the context, requires a different, meaning: words importing the singular include the plural, and words importing the plural include the singular;

words importing the masculine gender include all genders;

the present tense includes the future as well as the present;

“District Court” means the United States District Court for the District of Columbia; and

“Probate Court” and “court”, respectively, mean the United States District Court for the District of Columbia in the exercise of its probate jurisdiction.

§ 18–102. Capacity to make a will

A will, testament, or codicil is not valid for any purpose unless the person making it is:

and, at the time of executing or acknowledging it as provided by this chapter, of sound and disposing mind and capable of executing a valid deed or contract.

§ 18–103. Execution of written will; attestation

A will or testament, other than a will executed in the manner provided by section 18–107, is void unless it is:

§ 18–104. Devises, legacies, etc., to attesting witnesses

§ 18–105. Retention or demand of void devise or legacy by attesting witness prohibited

A person to whom a beneficial devise, legacy, estate, interest, gift, or power of appointment is given or made in a will or codicil, which is void under section 18–103, may not, in any manner or under any color or pretense whatsoever:

§ 18–106. Creditors as competent witnesses

A mere charge in a will or codicil on the estate of a testator for the payment of debts does not disqualify a creditor from being a competent witness to the will or codicil.

§ 18–107. Nuncupative wills

A nuncupative will made after January 1, 1902, is not valid in the District of Columbia except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth, if:

§ 18–108. Execution of power by will

An appointment made by will in the exercise of a power is not valid unless it is so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the testator.

§ 18–109. Revocation of wills; revival

§ 18–110. Opening will before delivery to Probate Court

A person having possession or custody of a testamentary instrument may, after the death of the testator, open and read it in the presence of near relatives of the deceased, who may conveniently have notice thereof, and of other persons, and immediately thereafter may deliver the will or codicil to the Probate Court or the Register of Wills, until proceedings may be field for the purpose of proving it or other action is taken thereon,

§ 18–111. Withholding will

Whoever, having possession of a testamentary instrument, willfully

Penalty,

neglects, for the period of 90 days after the death of the testator becomes known to him, to deliver it to the Probate Court, or to the Register of Wills, or to an executor named in the instrument, shall be fined not more than $500.

§ 18–112. Taking and carrying away, or destroying, mutilating, or secreting will

Whoever, during the life or after the death of the testator, for a

Penalty.

fraudulent purpose, takes and carries away, or destroys, mutilates, or secretes, a testamentary instrument, shall be imprisoned not more than five years.

§ 18–301. Estates disposable by will

The real and persona] estate of a person, which may pass by deed or gift, or which would, in case of the owner’s dying intestate, descend to or devolve upon his heirs or other legal representatives, may be disposed of, transferred, and passed by his last will, testament, or codicil, in accordance with this Part.

§ 18–302. Devises or bequests for religious purposes

A devise or bequest of real or personal property to a minister, priest, rabbi, public teacher, or preacher of the gospel, as such, or to a religious sect, order, or denomination, or to or for the support, use, or benefit thereof, or in trust therefor, is not valid unless it is made at least 30 days before the death of the testator.

§ 18–303. General devise and bequest of all property

A devise and bequest purporting to be of all real or personal property, or both, belonging to the testator, includes also all property of either or both kinds, respectively, over which he has a general power of appointment, unless a contrary intention appears in the testamentary instrument containing the devise or bequest.

§ 18–304. Devise of land to include leaseholds

A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or otherwise described in a general manner, includes his leasehold estates or those to which the descriptions extend, as well as freehold estates, unless a contrary intention appears in the testamentary instrument containing the devise.

§ 18–305. After-acquired real property

§ 18–306. “Pour over” trusts

living on December 5, 1963, or born subsequent thereto, without regard to the date of execution of the will or codicil containing the devise or bequest or of the trust instrument, or an amendment thereto.

§ 18–307. Advancement as satisfaction of devise or bequest

An advancement or a provision for an advancement to a person is a satisfaction, in whole or in part, of a devise or bequest to that person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he is a child or not, it shall be so deemed where it appears from parol or other evidence to be so intended.

§ 18–308. Death of devisee or legatee; lapsed or void devises or bequests

Unless a different disposition is made or required by the will, if a devisee or legatee dies before the testator, leaving issue who survive the testator, the issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator. Unless a contrary intention appears by the will, the property comprised in a devise or bequest in a will that fails or is void or is otherwise incapable of taking effect, shall be deemed included in the residuary devise or bequest, if any, contained in the will.

§ 18–501. Notice of petition for probate

§ 18–502. Notice to nonresidents and unfound residents

§ 18–503. Notice to unknown kin or heirs at law

§ 18–504. Probate; waiver of notice; proof of execution

When the notice prescribed by sections 18–501 to 18–503 has been completed or if all parties interested adversely to the will have waived the notice and consent that the will be admitted to probate and record, the court shall proceed, if a caveat is not filed, to take the proofs, or to consider the proofs theretofore taken, of the execution of the will. All the witnesses to the will who are within the District of Columbia and competent to testify shall be produced and examined or the absence of any of them satisfactorily accounted for. A will may not be admitted to probate and record except upon formal proof of its proper execution.

§ 18–505. Proof of wills; testimony; witnesses outside District

§ 18–506. Appearance of persons not cited

A person, although not cited, who is interested in sustaining or defeating a will, may appear and support or oppose the application to admit it to probate.

§ 18–507. Admission to probate

When, upon hearing the proofs, the court is of the opinion that the will was duly executed and the testator was competent to execute it, and a caveat is not filed against the admission of the will to probate, the court shall decree that the will be admitted to probate and record.

§ 18–508. Caveat; will not to be probated while issues pending

If, prior to or upon the hearing of an application to admit a will to probate, a party in interest files a verified caveat in opposition, setting forth facts inconsistent with the validity of the will, the will may not be admitted to probate until the issues raised by the caveat are determined, as directed by this chapter.

§ 18–509. Caveat; time for filing

After a will has been admitted to probate, a person in interest may, within six months from the date of the order of probate, file a verified caveat to the will, praying that the probate thereof be revoked.

§ 18–510. Prior will not to be probated pending issues

While issues raised by a caveat are pending, either for trial or on appeal, a prior will may not be admitted to probate.

§ 18–511. Guardian ad litem

When a party interested as specified by this chapter is an infant or of unsound mind, the court shall appoint a guardian ad litem to represent him at the hearing of the application to admit the will to probate, with authority to file a caveat, as he may be advised, in behalf of the interested party.

§ 18–512. Plenary proceedings

In all cases of controversy the court may direct a plenary proceeding to be had, by bill or petition, to which there shall be answer under oath, which may be compelled by the usual process, and all the depositions shall be taken down in writing and filed; or, if either party requires it, the court shall direct an issue to be framed for trial by a jury.

§ 18–513. Trial of issues; jury; notice; service; absent parties; judgment

§ 18–514. Wills filed prior to June 8, 1898, may be probated as of real estate

A person interested under a will filed in the office of the Register of Wills for the District of Columbia prior to June 8, 1898, may offer the will for probate as a will of real estate, whereupon such proceedings shall be had as this Code authorizes in regard to wills offered for probate after that date.

§ 19–101. Family allowance; construction; penalties

§ 19–102. Dower; quarantine; curtesy abolished

§ 19–103. Forfeiture of dower by desertion and adultery

§ 19–104. Absent or incompetent spouse

The spouse of a person who is insane, and has been so adjudicated by a court of competent jurisdiction and the adjudication remains in force, or who has been absent or unheard of for seven years, may grant and convey by a separate deed, whether it is absolute or by way of lease or mortgage, as fully as if he were unmarried, any real property acquired by him since the adjudication or since the beginning of the absence.

§ 19–105. Jointure before marriage as bar to dower

§ 19–106. Jointure after marriage; election

If, after persons intermarry, real estate is given or assured for jointure of one of them, in lieu of dower, the person for whose benefit the settlement is made, if he survives the other spouse, shall elect to take the jointure or to claim the dower to which he is entitled under section 19–102.

§ 19–107. Effect of acts of one spouse

A judgment or decree confessed or recovered against one spouse, and any laches, default, covin, forfeiture, or deed or conveyance of one spouse without the assent of the other, evidenced by his acknowledgment thereof in the manner required by law to pass the contingent right of dower, does not prejudice the right of the other spouse to dower, nor preclude him from the recovery thereof.

§ 19–108. Recovery of dower withheld; damages

When, in an action brought for the purpose, a surviving spouse recovers dower in lands from the estate of the deceased spouse, the surviving spouse may also, in the discretion of the court, recover in the same action damages for the withholding of the dower.

§ 19–109. Recovery of dower obtained by default or collusion; damages

If, during the infancy of an heir of a deceased spouse, or of any other person entitled to the lands of the deceased spouse, the surviving spouse, not having a right of dower, recovers dower by the default or collusion of the guardian of the infant, the infant is not prejudiced thereby, and when he comes of full age he has a right of action against the surviving spouse to recover the lands so wrongfully awarded for dower, with damages in the discretion of the court; but, if it is established in an action brought under this section that the surviving spouse is entitled to the dower, he shall have judgment so declaring, and may, in the discretion of the court, recover damages from the heir or other person.

§ 19–110. Assignment by guardian; rights of heir

A guardian of a minor heir has the right of assignment or admeasurement of dower; but the heir, when he comes of full age, is not barred by such an assignment if it was wrongfully made pursuant to collusion between the guardian and the tenant in dower, and may have the dower properly assigned or admeasured according to law.

§ 19–111. Reendowment upon eviction from jointure

A spouse who is lawfully evicted from lands settled upon him as jointure in lieu of dower, or from a part, thereof, is entitled to dower to the extent or value of the lands from which he was evicted.

§ 19–112. Devise or bequest to spouse

Subject to section 19–114, and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse, bars his or her share in the decedent’s estate, and his or her dower rights.

§ 19–113. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements

§ 19–114. Rights of surviving spouse if there is no renunciation

A surviving spouse who does not renounce as provided by section 19–113 is entitled to the benefit, of all provisions in his favor in the will of the deceased spouse and shall share, in accordance with sections 19–301, 19–302, 19–303, 19–304, and 20–1901, in any estate of the deceased spouse undisposed of by the will.

§ 19–301. Course of descents generally

§ 19–302. When surviving spouse entitled to whole

When the intestate leaves a surviving spouse and no child, parent, grandchild, brother, or sister, or the child of a brother or sister of the intestate, the surviving spouse is entitled to the whole.

§ 19–303. When surviving spouse entitled to one-third

When the intestate leaves a surviving spouse and a child, or a descendant of a child, the surviving spouse is entitled to one-third.

§ 19–304. When surviving spouse entitled to one-half

When the intestate leaves a surviving spouse and no child or descendant of the intestate, but a father or mother, or brother or sister, or child of a brother or sister, the surviving spouse is entitled to one-half.

§ 19–305. Distribution of surplus after payment to surviving spouse

The surplus, above the share of the surviving spouse, or the whole surplusj when there is no surviving spouse, descends and is distributed as provided by this chapter and by section 19–701.

§ 19–306. Children to share equally

When the intestate leaves children and no other descendants, the surplus is divided equally among them.

§ 19–307. Grandchildren’s share

§ 19–308. Share of father and mother

When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivors.

§ 19–309. Share of brother or sister or their descendants

When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole.

§ 19–310. Brothers and sisters to share equally

Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.

§ 19–311. Share of collateral relations

After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.

§ 19–312. Share of grandfather and grandmother

The grandparents, or such of them as survive, share alike where there are no collaterals.

§ 19–313. Death of distributee before distribution

When a person entitled to distribution dies before the distribution is made, his share goes to his estate or legal representatives.

§ 19–314, Share of posthumous children

A right in the inheritance to real or personal property does not accrue to or vest in a person other than the children of the intestate and their descendants, unless the person is in being and capable in law to take as heir or distributee at the time of the intestate’s death; but a child or descendant of the intestate born after the death of the intestate has the same right of inheritance as if born before his death.

§ 19–315. No distinction between whole-and half-blood

There is no distinction between the kindred of the whole-and the half-blood.

§ 19–316. Share of illegitimate children; their issue; mother

The illegitimate children of a female and the issue of illegitimate children of a female are capable to take real and personal estate by inheritance from their mother, or from each other, or from the descendants of each other, as the case may be, in like manner as if born in lawful wedlock.

When an illegitimate child of a female dies leaving no descendants, or brothers or sisters, or descendants of brothers or sisters, the mother of the illegitimate child is entitled to the real and personal estate of the illegitimate child, and if the mother is dead, the heirs or distributees of the mother share hi like manner as if the illegitimate child had been born in lawful wedlock.

§ 19–317. Trust estates.

When a trustee is seized of the naked legal estate in real estate in fee simple, and dies intestate thereof, the legal estate descends according to section 19–301 to the persons who would inherit the beneficial estate if it were vested in them.

§ 19–318. Antenuptial children

When a man has a child by a woman whom he afterwards marries, the child, if acknowledged by the man, is, in virtue of the marriage and acknowledgment, legitimated and capable in law of inheriting and transmitting heritable property as if born in wedlock.

§ 19–319. Advancements

§ 19–320. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers

§ 19–321, Descent through alien ancestor no bar

In making title by descent it is no bar to a party claiming as heir that an ancestor, whether living or dead, through whom he derives his descent from the intestate, is or has been an alien.

§ 19–501. No sufficient evidence of survivorship

Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise by this chapter.

§ 19–502. Survival of beneficiaries

Where property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is not sufficient evidence that the two have died otherwise than simultaneously, the beneficiary is deemed not to have survived. Where there is not sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of the beneficiaries had survived.

§ 19–503. Joint tenants or tenants by the entirety

Where there is not sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed, or descend as the case may be, one-half as if one had survived and one-half as if the other had survived. Where there are more than two joint tenants and all have so died the property thus distributed or descended shall be in tile proportion that one bears to the whole number of joint tenants.

The term “joint tenants” includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the others.

§ 19–504. Insurance policies

When the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

§ 19–505. Chapter does not apply if decedent provides otherwise

This chapter does not apply in the case of wills, living trusts, deeds, or contracts of insurance, or any other situation where, provision is made for distribution of property different from the provisions of this chapter, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided.

§ 19–506. Short title; effective date; chapter not retroactive; construction

§ 19–701. Escheatment generally

Where there is no surviving spouse or relations of the intestate within the fifth degree, reckoned by counting down from the common ancestor to the more remote, the surplus of real and personal property escheats to the District of Columbia to be used by the Commissioners of the District of Columbia for the benefit of the poor.

§ 20–101. Definitions

The definitions in section 18–101 apply to this title.

Subchapter I— Executors

Subchapter II— Administrators

Subchapter III— Miscellaneous Provisions Relating to Executors and Administrators

§ 20–501. Letters of collection, or ad colligendum

§ 20–502. Oath and bond of collector; form

§ 20–503. Service on nonresident collector; failure to give power of attorney

Before original or ancillary letters of collection are issued, the person designated, if a nonresident of the District of Columbia, shall file in the office of the Register of Wills an irrevocable power of attorney designating the Register of Wills and his successors in office as the person upon whom all notices and process issued by a competent court in the District may be served, with like effect as personal service, in relation to suits, matters, causes, or things affecting or pertaining to the estate in which the letters are to be issued. The Register of Wills shall forthwith forward by registered or certified mail to the address of the collector, which shall be stated in the power of attorney, all notices or process served upon the Register under this section.

If the person fails to file the power of attorney within 10 days after the entry of the order of appointment, the order shall stand revoked, and he shall forfeit all rights to the office.

§ 20–504. Duties of collector; liability; commission; additional bond requirements if real estate to be possessed

§ 20–505. Removal of co-collector for negligence or misconduct; complaint; recovery of loss or damage

If a joint collector apprehends that he is in danger of suffering by the negligence or misconduct by a co-collector in the administration or the improper use or misapplication of the assets of the estate, he may apply to the court for relief. Upon adjudging the complaint to be well founded, the court may revoke the powers and authority of the collector so complained of and compel the delivery and surrender to the remaining collector of the assets, books, papers, and evidences of debt, of the estate that, may be in the possession or control of the person so dismissed from the administration. The remaining collectors may recover, in a civil action, for any loss or damage they may suffer through the collector whose powers have been revoked.

§ 20–506. Cessation of powers

On the granting of letters testamentary or of administration the power of a collector cease. He shall deliver, on demand, all the property and money of the decedent in his hands and excepted by section 20–504, to the person obtaining the letters, and the latter may be permitted to prosecute suits commenced by the collector as if they had been begun by him, and may also defend suits brought against the collector by a creditor of the deceased.

§ 20–507. Liability of collector for refusing to deliver estate

If a collector neglects or refuses to deliver over the property and estate to the executor or administrator, the court may, by citation and attachment, compel him to do so, and the executor or administrator may also proceed, by civil action, to recover the value of the assets from him and his sureties by action on his bond.

§ 20–701. Inventory; when made; contents; exceptions

An executor or administrator who has not filed a special bond provided for by sections 20–304 and 20–333, or a collector shall, within two months after his appointment, or such longer time as the court allows, make and return, upon oath, into court a true inventory of all the personal estate of the deceased which are by law to be administered and which have come to his possession or knowledge. Where the court deems it proper, it may also order him to include in the inventory all the real estate of the deceased.

§ 20–702. Appraisers

On the granting of letters testamentary or of administration or letters of collection, a warrant, except in the cases provided by sections 20–304 and 20–333, shall issue to two suitable persons not interested in the estate, to appraise the estate of the deceased, known to them or shown to them by the executor, administrator, or collector. They shall severally take and subscribe an oath well and truly, without partiality or prejudice, to value the personal estate and, if so directed, the real estate, of the deceased, as far as these items and properties come to their knowledge, to the best of their skill and judgment.

§ 20–703. Death of appraisers; failure to act

If an appraiser dies, or refuses or neglects to act, another person may be appointed in his stead.

§ 20–704. Appraisement; notice; return

The executor, administrator, collector or appraisers shall give notice to the persons immediately interested in the administration, or at least two of them, if they are numerous, of the time and place of making the appraisement. Thereupon, they shall proceed at that time and place to value the property and estate, setting down each article or item separately, with the value thereof, in dollars and cents. When the appraisement is completed, they shall certify it under their hands and seals, and return it with the inventory.

§ 20–705. Contents of inventory

The inventory shall contain a particular statement of all other securities for the payment of moneys belonging to the deceased, and of all other debts and accounts due him, which are known to the executor, administrator, or collector, who shall designate those debts which he considers good, as distinguished from those which he considers desperate or doubtful, and also an account of all moneys belonging to the deceased which come to his hands. When, after an inventory is returned, assets not therein included come to the knowledge of the executor, administrator, or collector, an additional inventory and appraisement shall be promptly prepared and filed in the same manner.

§ 20–706. Exceptions to inventory

There shall be excepted from the inventory the wearing apparel of the deceased, family pictures, the family Bible, and schoolbooks used in the family, and provisions for the support of the family, on hand at the time or the decedent’s death. Where the decedent was the head of a family, or a householder, the property exempt under sections 15–501 to 15–503 shall so continue exempt from all

77 Stat. 529.

claims against the decedent, and shall be distributed by the court to such members of the family or household as in the judgment of the court the exigencies of the particular case require.

§ 20–707. Collector’s inventory

If an inventory is returned by a collector the executor or administrator thereafter administering shall, within two months after his appointment, return either a new inventory in place of the collector’s inventory or an acknowledgment in writing that he has received from the collector the articles contained in the first inventory, and consents to be answerable for it, as if the inventory had been made out by him as executor or administrator, unless it appears that he has been prevented from making the return by the improper detention of the personal estate of the deceased by the collector.

§ 20–708. Co-executor or co-administrator may file inventory if others neglect to do so

Where there is more than one executor or administrator, any one or more of them, on the neglect of the others, may, if authorized by the court, return an inventory.

§ 20–901. Assets to be included in inventory and administered

§ 20–902. Discharge or bequest of debt or demand not valid against creditors; disposition

A discharge or bequest in a will, of a debt or demand of a testator is not valid as against the creditors of the deceased, but constitutes only as a specific bequest, of the debt or demand, and the amount thereof shall be included in the inventory of the effects of the deceased and included as an asset for the payment of his debts, if necessary for that purpose, and, if not so necessary, shall be paid in the same manner and proportion as other specific legacies.

§ 20–903. Claims of testator against executor not discharged; disposition; liability of surety

The naming of a person as executor in a will is not a discharge or bequest of a just claim which the testator had against him. The claim shall be included among the credits and effects of the deceased in the inventory, and the executor is liable for it, as for so much money in his hands, at the time the debt or demand becomes due. He shall apply and distribute it, in the payment of debts and legacies and among the next of kin, as part of the personal estate of the deceased. However, the sureties of the executor are not liable where the claim against the executor would have been uncollectible if another person had been executor.

§ 20–904. Failure of executor to include claims of testator against executor in inventory; remedy

If an executor fails to include a claim which the testator had against him in the list of debts due the deceased, a person interested in the administration may allege the failure by petition to the Probate Court. The court, with the consent of the parties, may decide the matter, or it may be referred by the parties, with the court’s approval; or at the instance of either party the court may direct an issue to be tried by a jury. If the claim in any such proceedings is decided to be a just claim of the decedent against the executor, the executor shall be charged with the amount thereof as provided by section 20–903.

§ 20–905. Debt due by administrator or collector

In like manner as provided by section 20–903, an administrator or collector shall include a claim against himself, and on his including it, or failure to do so, there shall be the same proceeding as described in section 20–903 or 20–904 with regard to an executor. The rule provided by section 20–903 applies to his sureties.

§ 20–1101. Sale of personal estate

Where an executor or administrator does not have money sufficient to discharge the just debts of and claims against the decedent, the Probate Court shall, on his application, made after the return of an inventory, direct a sale of the personal property contained therein, or of such part as the court considers proper, and in such manner and on such terms as the court directs. The court may direct a sale if it deems it advantageous to the persons interested in the administration, on the application of any of them.

§ 20–1102. Order for sale

An executor not so authorized by the will, or an administrator, may not sell property of his decedent without an order of the Probate Court. A sale made without a previous order authorizing it is void and does not pass title to the purchaser. If an executor or administrator sells, pledges, or disposes of property without a previous order, his letters may be revoked and an administrator appointed, who shall immediately recover possession of the property; and the removed executor or administrator may be proceeded against by attachment. Where there are two or more executors or administrators, and a sale, pledge, or disposition of property has been made without the consent of all, the revocation extends only to the persons so offending, and the remaining executors or administrators may discharge the duties of their office and institute proceedings for the recovery of the property and attachment as provided by this section.

§ 20–1103. Sale of real estate directed in will; procedure; failure to act

Where a testator has directed his real estate to be sold for the payment of his debts or legacies, the executor may sell and convey it, and shall account for the proceeds of the sale to the Probate Court in the same manner as for the proceeds of personal estate. Such a sale is not valid unless it is ratified by the court after notice given by publication according to the practice in equity. If the executor refuses or declines to act, or dies without executing the power vested in him, the court, on the application of a person interested, may appoint an administrator de bonis non with the will annexed to execute the power in the same manner in which the executor appointed by the will might have done.

§ 20–1104. Power of co-executors to sell real estate under will

Where a power to sell lands, tenements, or other hereditaments is given by a will to executors as such, and a person named as executor refuses, after the death of the testator, to act or accept the trust, sales under the power made by the executors who qualify and accept the trust are as effectual in law as if the other executors had joined in the sale.

§ 20–1105. Survivor of several trustees

Where two or more trustees are appointed by the will to execute a trust, or are empowered to sell, dispose of, or convey lands or other property devised to them jointly, upon the death of any one or more of them the survivors may execute the trust or power. If one of the trustees, in writing, signed by him and attested by a witness, relinquishes or disclaims the trust or refuses to act under the will, and delivers the writing to the Probate Court for record, his right to act ceases, and the remaining trustees appointed by the will may execute the trusts of the will and make sales and execute conveyances and other acts necessary for that purpose.

§ 20–1106. Authority of court regarding sales of realty; responsibility for proceeds; restrictions on sales; auditor’s report

The Probate Court has plenary authority to administer the real estate situated in the District of Columbia oi decedents as far as may be necessary for the payment of funeral expenses, debts, costs of administration, and estate, inheritance and succession taxes, and legacies, and to distribute among those entitled thereto the surplus proceeds of sales of real estate made in the course of the administration. The bonds of executors and administrators are responsible for the proceeds of sale of real estate sold by them under the order of the court for purposes of administration. A sale of real estate may not be made unless it is required for the purposes of paying the above-mentioned charges and such legacies as are chargeable upon the real estate, or until the auditor of the court has ascertained and reported those debts and legacies, the deficiency of personal assets, and the real estate necessary to be sold for the payment of the charges and legacies. Objections to the report may be filed, heard and determined as provided by rules of court.

§ 20–1107. Bond to prevent sale of real estate

An order for the sale of real estate may not be granted if a person interested in the estate gives bond to the United States, with security to be approved by the Probate Court, conditioned to pay all the debts, or legacies, or both, as the case may be, that shall eventually be found due, and the costs of administration.

§ 20–1108. Sale of real estate to satisfy debts and legacies

Where the Probate Court is satisfied, upon a report of the auditor, that it is necessary to sell the real estate, or a part thereof, it shall authorize the executor or administrator to sell the property, or so much thereof as may be necessary for the payment, of the debts or legacies, or both, on such terms as the court directs. Any surplus of the proceeds of the sale, after payment of debts and legacies and costs of administration, is deemed real estate, and shall lie distributed among the heirs or devisees as their interests may appear.

§ 20–1109. Sale of property subject to dower

Where there is a surviving spouse entitled to dower in the real estate of the decedent, the Probate Court, before authorizing a sale of the real estate, shall issue a commission to one or more suitable persons to set off and assign the dower out of the estate, and the dower shall be so assigned. If the court finds that the surviving spouse’s dower cannot be set off without injury to the property, if he consents thereto by answer to the petition, the real estate may be sold free of the dower, and the surviving spouse shall receive out of the proceeds a commutation of dower according to the practice in equity.

§ 20–1110. Appointment of trustee to sell real estate; bond

When a person dies having devised real estate to be sold, without having appointed a trustee to sell the property, or if the person so appointed neglects or refuses to execute the trust-, or dies before the execution of the trust, the United States District Court for the District of Columbia may, on the application of a person interested, appoint a trustee to sell and convey the property and apply the proceeds of sale to the purposes intended. Where a trustee is appointed by last will to execute a trust, and a person interested in the execution of the trust makes it appear that it is necessary for the safety of those interested therein that the trustee should give bond and security for the due execution of the trust, the Court, may order and direct that a bond be given by the trustee by a day named, and on failure of the trustee to give the bond, with security to be, approved by the court as directed, the court may displace the trustee and appoint another in his stead, who shall give the bond. The bond shall be given to the United States and may be sued on for the use of a person interested.

§ 20–1111. Proceeding by creditors to have real estate sold

When a person dies leaving real estate in possession, remainder, or reversion, and not leaving personal estate sufficient to pay his debts, the Court, on a suit instituted by any of his creditors, may decree that all the real estate left by the person, or so much thereof as may be necessary, be sold to pay the charges mentioned in section 20–1106. This section applies whether the heirs or devisees are residents or nonresidents, are of full age or infants, and are of sound mind or are insane, and also where the deceased left, no heirs or it is not known whether he left heirs or devisees or the heirs or devisees are uknown. Where there are no known heirs the United States attorney for the District of Columbia shall be notified of the suit and appear therein.

§ 20–1301. Debts to be proved

An executor or administrator may not discharge a claim against his decedent, otherwise than at his own risk, unless it is first passed by the Probate Court or is proved according to the rules prescribed by this chapter.

§ 20–1302. Judgment or decree; voucher or proof

The voucher or proof of a judgment or decree shall be a short copy thereof under seal, attested by the clerk of the court where it was obtained, who shall certify that the judgment or decree has not been satisfied. There shall likewise be a certificate of a person authorized to administer oaths, indorsed on or annexed to a statement of the debt due on the judgment or decree, that the creditor or his agent since the death of the deceased has taken before him the following oath: ‘That the creditor has not received any part of the sum for which the judgment or decree was passed except such part (if any) as is credited”. Where the creditor on the judgment or decree is an assignee of the person who obtained it, the oath shall continue, as follows: “and that to the best of his knowledge or belief no other person has received any part of the sum except such part (if any) as is credited”. An assignee shall also produce the assignment under the hand of the assignor. Where there is more than one assignment, each assignment shall be produced under the hand of the party assigning.

§ 20–1303. Bond, note, check, protested bill of exchange; original or copy of instrument to constitute voucher

In case of a specialty, bond, note, check, or protested bill of exchange, the vouchers shall be the instrument of writing itself, or a proved copy in case it is lost, with a certificate of the oath taken as prescribed by section 20–1302 since the death of the decedent and indorsed on or annexed to the instrument, or a statement of the claim “that no part of the money intended to be secured by the instrument has been received or any security or satisfaction given for it except what (if any) is credited.”.

§ 20–1304, Proof by assignee

Where the creditor in an instrument specified by section 20–1303 is an assignee, the creditor or agent shall take and subscribe the same oath, according to the best of his knowledge and belief, with respect to any payments prior to the time of the assignment.

§ 20–1305. Proof of commercial papers

Where the claim consists of a bill of exchange or other commercial paper, the protest or whatever would be required, if the deceased were alive, is necessary to justify an executor or administrator in making payment or distribution.

§ 20–1306. Claims for rent

Where the claim is for rent, there shall be produced the lease itself, or the deposition of a credible witness, or an acknowledgment in writing of the deceased, establishing the contract and the time which has elapsed during which rent was chargeable, and a statement of the sum due for the rent, with an oath of the creditor or agent indorsed thereon “that no part of the sum due for the rent or any security or satisfaction for the same has been received except what (if any) is credited.”.

The proof of a claim for rent in arrears, in order to render the claim a preferred claim, shall be the proofs and vouchers for rent specified by this section, and proof that the claim is such that an attachment therefor might be levied on the deceased’s goods and chattels in the hands of the administrator. The preference given for rent does not impair the landlord’s right of attachment where he believes it proper to exercise the right.

§ 20–1307. Open account

The vouchers or proofs of a claim on open account shall be a certificate of an oath taken by the creditor or agent since the death of the decedent, indorsed on or annexed to the account, that the account as stated is just and true, and that he, the creditor, or any one for him, has not received any part of the money stated to be due or any security or satisfaction for it except what (if any) is credited.

§ 20–1308. Claims outside of District

When an affidavit, or deposition to prove claims has been taken out of the District of Columbia, it is valid if taken and certified by a notary public as provided by this chapter, or by a person there authorized to administer oaths, and certified to be such under the seal of the clerk of a court of record, or by an officer having official cognizance of the fact, and the oath shall be as available as if taken before an officer authorized to administer oaths within the District of Columb’a. The additional certificate specified by this section is not required as to notaries public within the United States or a place under the jurisdiction thereof when the seal of the notary is attached.

§ 20–1309. Executor’s or administrator’s claim to be under oath

Where a creditor is an executor or an administrator his claim may not be received, although vouched and approved as provided by this chapter, unless he makes oath, to be certified as provided by this chapter, “that it does not appear from any book or writing of his decedent that any part of the claim has been discharged except what (if any) is credited, and that to the best of the deponent’s knowledge and belief no part of the claim has been discharged and jio security or satisfaction given for it except what (if any) is credited.”.

§ 20–1310. Plea of limitations within discretion of executor or administrator

An executor or administrator is not required to avail himself of the statute of limitations to bar what he supposes to be a just claim.

§ 20–1311. Claims may be rejected and disputed

An executor or administrator is not required to discharge a claim of which vouchers and proofs have been exhibited as provided by this chapter, but may reject and at law dispute the claim where he has reason to believe that the deceased never owed the debt, or had discharged it, or a part thereof, or had a claim in bar.

§ 20–1312. Passing of claims not conclusive

An order made by the Probate Court that an account or claim will pass when paid is not valid to establish the claim or account. Where the executor or administrator thinks fit to contest it, the account or claim does not derive validity from the order, but shall be proved in the same manner as if the order had not been made.

§ 20–1313. Payment of claims

An executor or administrator shall, within thirteen months from the date of his letters, or within such further time, not exceeding four months, as the Probate Court allows on his making oath that he has reason to apprehend that the personal estate and assets which are or shall be in his hands will be insufficient to discharge the just debts of and claims against the deceased, discharge all the claims known to him or pay each claimant his just proportion of the money then in his hands, retaining as directed by this chapter. Also, he shall, once in every six months after the first distribution, make a distribution of the money which has since come to his hands until he has fully administered, and on failure his administration bond may be sued upon.

§ 20–1314. Notice of distribution

When an executor or administrator is to make payment or distribution among the creditors of his decedent, he may give notice three successive weeks previously in a convenient newspaper of the time and place for making it. If a creditor does not attend in person or by agent or attorney to receive the amount or proportionable part of his claim, all interest on the claim or proportionable part ceases from that time. The executor or administrator shall at any time thereafter, on demand, pay the claims, or a proportionable part, to the party, his agent, or duly authorized attorney. When the executor or administrator proceeds to make an additional payment or dividend he may advertise as provided by this section, and interest ceases as also provided by this section. If, at the time for the making of an additional dividend, a just claim, established as directed by this chapter, is exhibited, the creditor is entitled to such sum as will place him on an equal footing with those who have already received a dividend.

§ 20–1315. Retaining for claims

An executor or administrator shall pay all just claims against his decedent exhibited to him, or a just proportion able part thereof, according to the assets. Where a claim is known to him, although it is not exhibited, he shall retain the assets, or a just proportionable part, for the benefit of the creditor. Where an executor or administrator has actual knowledge of a claim which has not been exhibited or passed he shall give notice in writing to the creditor, requiring the claim to be. either exhibited or passed, as provided by this chapter, within 30 days if the creditor is a resident of the District of Columbia, and within 90 days if he is a nonresident. After the expiration of that period, and after the expiration of the period for distribution provided by section 20–1313, the executor or administrator may not be required to retain any part of the estate for the benefit of the creditor, unless in the meantime the claim has been so exhibited or passed.

§ 20–1316. Executor or administrator to withhold amount claimed pending litigation

Where an action is commenced against an executor or administrator for the recovery of a larger debt or damages than he considers due, so that it cannot be ascertained before verdict, the executor or administrator may retain such sum to meet the debt or damages as the Probate Court allows. Where more than enough is allowed, the party shall afterwards account for it, but a sum may not be retained on account of the further debt or damages when the court is satisfied that there will be money sufficient coming in after the dividend to meet the damages, or a just proportion thereof, regard being had to other claims.

§ 20–1317. Claims of executors and administrators to be passed by Court

An executor or administrator may not be allowed to retain for his own claim against the decedent, unless the claim is passed by the Probate Court. Such a claim stands on an equal footing with other claims of the same nature.

§ 20–1318. Period during which creditors may file suit after claim is contested

If a claim is exhibited against an executor or administrator which he considers his duty to dispute or reject, he may retain in his hands assets proportioned to the amount of the claim, which assets shall be liable to other claims, or to be delivered up or distributed in case the claim is not established. If, on a claim exhibited and disputed, the creditor or claimant does not, within three months after the dispute or rejection, commence a suit for recovery, he is forever barred. On a dividend to be made three months after the dispute or rejection and failure to bring suit, the executor or administrator may proceed to pay or distribute as if he had no knowledge or notice of the claim or as if it did not exist. If the claim is sued upon within the three-month period, it may be ascertained by verdict or otherwise, and the court shall proceed as directed by this chapter, regard being had to the rules laid down by this chapter as to the notice to be given by the executor or administrator and distribution or payment shall be made after the notice.

§ 20–1319. Executor or administrator not responsible for claims made after distribution

When all the assets have been paid away, delivered, or distributed as directed by this chapter, and afterwards a claim is exhibited of which the executor or administrator has no knowledge or notice by the exhibition of the claim legally authenticated, as required by this chapter, he is not answerable for it. When he is sued for a claim and makes it appear to the court in which suit is brought that he has so paid away, delivered, or distributed, and the plaintiff cannot prove that the defendant had notice as herein specified before the payment, delivery, or distribution, the court, although the amount of the claim against the deceased may be ascertained, may not give judgment until the plaintiff is able to show further assets coming into the defendant’s hands; but if the plaintiff proves notice, as herein specified, of the claim against the defendant, judgment may be immediately given for such sum as the plaintiff ought to have received at the dividend, and fieri facias may issue and have effect, and further judgment may be given on the coming in of further assets.

§ 20–1320. Notice to creditors to file claims

An executor or administrator who, after six months from the date of his letters, pays away assets to the discharge of just claims is not answerable for any claim of which he had no knowledge or notice by an exhibition of the claim legally authenticated, if, at least three months before he makes distribution he causes to be inserted in as many newspapers as the Probate Court directs, a notice to the following effect: “This is to give notice that the subscriber, of ———, has obtained from the Probate Court of the District of Columbia letters testamentary (or of administration) on the personal estate of ———, late of ———, deceased. All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof legally authenticated, to the subscriber on or before the ———day of ———next; they may otherwise by law be excluded from all benefit of the estate.

“Given under my hand this ———day of ———.”.

§ 20–1321. Report and proof of notice

The executor or administrator may report to the court, with an affidavit of the proof thereof annexed, the fact of having given the notice specified by section 20–1,320, and the court, on being satisfied that its order has been complied with and the notice has been given, shall indorse on the report its certificate that it has been proven to its satisfaction that the notice has been given as therein reported, and shall order the report and certificate to be recorded among the records of the court.

§ 20–1322. Report of notice as prima facie evidence; copy as legal evidence

The report and certificates specified by section 20–1321 are prima facie evidence of the giving of the notice as therein stated; and a copy of the report, certificate, and order, under the seal of the Register of Wills, is legal and competent evidence.

§ 20–1323. Docket of claims

The Register of Wills shall enter in a suitable book, to be provided by him for that purpose, all claims against a decedent as they are regularly passed by the Probate Court, giving the date of the passage, the name of the creditor, the character of the claim, whether on note or open account, bond, bill, obligation, judgment, or other evidence of debt, and the amount thereof; and the entry of a claim upon the docket constitutes notice to the executor or administrator of its existence.

§ 20–1324. Filed claim no evidence of correctness if disputed; filing as tolling limitations

A claim entered on the docket as provided by section 20–1323 does not afford evidence as to the justice or correctness of a debt therein entered when it is controverted by an executor or administrator in a suit instituted for the recovery of the debt; and it. does not take a debt out of the operation of a defense of limitations.

§ 20–1325. Priorities

§ 20–1326. No claim to be noticed unless legally authenticated

An executor or administrator is not bound to discharge a claim against his decedent unless it is exhibited to him, legally authenticated, or unless the claim has been passed bv the Probate Court and entered by the Register of Wills upon his docket.

§ 20–1327. Meeting of creditors

An executor or administrator may appoint a meeting of creditors on a day approved by the court, and passage of claims, payment, or distribution may be there made under the court’s direction and control.

§ 20–1328. Distribution of residue

When it appears by the first or other account of an executor or administrator that all the claims against, or debts of, the decedent which have been known by or notified to him have been discharged or allowed for in his account, he shall deliver up and distribute the surplus or residue of the personal estate not disposed of by a will, as directed by chapters 3 and 7 of title 19, but. his power and duty with respect to future assets do not cease. After the delivery he is not liable for debts afterwards notified to him, when he has advertised as directed by this chapter, unless assets afterwards come into his hands which are answerable for debts.

§ 20–1329. Creditor’s rights against property of nonresident decedent; limitation

§ 20–1501. Suits by and against executors and administrators

§ 20–1502. Judgments against executor or administrator; amount of damages; when assessed

§ 20–1503. Concealment of assets by strangers

When an executor, administrator, or collector believes that a person is concealing any part of Ills decedent’s estate, he may file a petition in the court alleging the concealment, and the court may compel an answer thereto on oath. When the court is satisfied, upon an examination of the whole case, that the party charged has concealed any part of the estate of the deceased, it may order the delivery thereof to the executor, administrator, or collector, and may enforce obedience to the order in the same manner in which orders of the court may be enforced.

§ 20–1504. Concealment by executor or administrator

If a person interested in a decedent’s estate by petition alleges that the executor, administrator, or collector has concealed or has in his hands and has omitted to return in the inventory or list of debts any part of his decedent’s assets, and the court finally adjudges and decrees in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory or list of debts, as the case may be, to be returned by the executor, administrator, or collector, and appraisement to be made accordingly, to comprehend the assets omitted. The court may compel obedience to the order, and, if it is not complied with, revoke the letters and order the bond of the executor, administrator, or collector to be put in suit.

§ 20–1505. Suits by foreign executors and administrators

A person to whom letters testamentary or of administration have been granted by the proper authority in any of the United States or the territories thereof may maintain a suit or action and prosecute and recover a claim in the District of Columbia in the same manner as if the letters had been granted to him in the District. The letters, or a copy thereof certified under the seal of the authority granting them, are sufficient evidence to prove the granting of the letters, and that the person has administration. The Probate Court of the District of Columbia may, however, upon the petition of any one interested, require from the person the security required by law in like cases from a resident administrator or executor, or the court may grant auxiliary or ancillary letters, if the case requires, to the same person or other persons.

§ 20–1506. Suits on bonds against heirs

A creditor by a bond which purports to bind the heirs of the obligor may not sue the heirs in respect oi assets descended to them, but shall make his claim against the estate in the same manner as required of other creditors. Debts arising by specialty and by simple contract, without distinction, are payable primarily out of the personal estate, and, if that is insufficient, are payable equally and without preference out of the proceeds of the real estate.

§ 20–1701. Time for rendering first account

An executor or administrator shall render to the Probate Court within twelve months from the date of his letters the first account of his administration, and may render the account six months after the date of his letters.

§ 20–1702. Subsequent accounts

When the first account of an executor or administrator does not show the estate which was on hand to be fully administered, the executor or administrator shall render other accounts from time to time until the estate is fully administered, under such rules as the court establishes.

§ 20–1703. Failure to account

If an executor or administrator fails to return an account within the time limited by law or fixed by the rules of court, or within such further time as the Probate Court allows, his letters, on application of a person interested, may be revoked and administration granted at the discretion of the court.

§ 20–1704. Assets to be charged

In the account, the executor or administrator shall state, on one side, the assets which have come to his hands, according to the inventory returned to the court, or received and appraised, after the inventory returned, and the sales made under the court’s direction. The inventories shall show the articles of the estate, and the sales, the amount of their value, and where they have been sold. For articles so sold the executor or administrator shall be charged the price according to the return. When articles have been sold for credit and not yet paid for they shall be accounted for in a subsequent account, and all moneys received for debts due the decedent shall be included in the account.

§ 20–1705. Disbursements and allowances

On the other side of the account the executor or administrator shall state the disbursements made by him, and debts and allowances, as follows:

§ 20–1706. Bequests to executors

Where anything is bequeathed to an executor by way of compensation, an allowance of commission may not be made unless the compensation appears to the court to be insufficient. Where it is insufficient, it. shall be reckoned in the commission to be allowed by the court.

§ 20–1707. Executor of deceased executor or administrator to render account

The executor or administrator of a deceased executor or administrator who dies before an account of his administration has been rendered shall render an account showing the amount of the assets received and the payment made by his decedent. The account so rendered shall, if found by the court, to be correct, be admitted to record as other administration accounts.

§ 20–1708. Accounts of deceased executrix or administratrix

The husband of an executrix or administratrix who dies before a final account of her administration has been settled shall render an account, if required by the court, showing the amount of money and property received and of payments and disbursements made by the executrix or administratrix, or that may have been received or paid by him, and not before accounted for with the court. The account so rendered shall, if found by the court to be correct, be admitted to record as other administration accounts in cases where the executrix or administratrix rendered them in person. If the husband refuses to render the account, the court may proceed against him by attachment., and may commit him until he renders the account.

§ 20–1709. Lost property

The Probate Court may make allowance to an executor, administrator, or collector for property of the decedent, which has perished or been lost without the fault of the party. Profit may not be made and loss may not be sustained by an executor or administrator in the increase or decrease of the estate under his management. He shall return an inventory and account for the increase, and may be allowed for the decrease on the settlement of the final or other account.

§ 20–1710. Executor or administrator of deceased executor or administrator entitled to commission; accounts

The executor or administrator of a deceased executor or administrator shall return, on oath, to the court, on or before the day named as provided by section 20—359(b), a list of the bonds, notes, accounts, and money provided by subsection (a) of that section, and may retain out of the money such commission as the court allows, not exceeding ten per centum on the principal inventory. The personal estate and money turned over by him constitute assets in the hands of the administrator de bonis non, to be accounted for by him as such.

§ 20–1901. Distribution; when to be made

When the debts of an intestate, exhibited and proved, or notified and not barred, have been discharged or settled, or allowed to be retained for as directed by this title, the administrator shall make distribution of the surplus as provided by chapters 3 and 7 of Title 19.

§ 20–1902. Distribution of specific property

Where the surplus remaining in an administrator’s hands after payment of all just debts exhibited and proved or notified and not barred, or after retaining for them, consists of specific property or articles mentioned in the inventory, the administrator, if he cannot satisfy the parties, may apply to the court to make distribution. The Probate Court may appoint a day for making distribution, and by summons call on the parties to appear, and, at the appointed time, proceed to distribute. If a majority in point of value neglect to appear, or, if appearing, object to the distribution of the articles, or if the court deems a sale of the articles or any part of them more advantageous, it shall order a sale accordingly, and the rules provided by this title relative to a sale by order of the court shall be observed.

§ 20–1903. Distribution of specific articles; how to be made

When a distribution of specific articles is to be made the court may appoint two disinterested persons, not in any way related to the parties concerned, to make the distribution among the persons entitled as to them seems proper; or when, in their opinion, upon a view of the articles, a distribution among the persons entitled could not be by them made which would operate equally, but a sale thereof would be more advantageous to the persons, they shall return to the court their opinion in writing. The court shall thereupon order a sale of the articles, upon reasonable notice, and cause the proceeds of the sale to be equally distributed among the parties entitled.

§ 20–1904. Partial distribution

When a person applies to the Probate Court by petition, and satisfies the court that he is in want of subsistence or greatly straitened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may direct the executor or administrator to deliver to the petitioner any part of what the court believes will be his distributive share, or any part of a legacy or bequest in money not exceeding one-third part, the petitioner giving bond, with security approved by the court, to the executor or administrator for returning the part so delivered, or an equivalent, with interest, when so directed by the court. The court may determine in a summary way on the petition, after summons against the executor or administrator duly returned “summoned” or “non est”.

§ 20–1905. Distribution of specific bequests

The court, in like manner as provided by section 20–1904? on a petition by a person in circumstances as described in that section, to whom a specific legacy or bequest has been made, being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, may direct the executor or administrator with the will annexed to deliver to the petitioner the specific legacy or bequest on his giving bond as provided by section 20–1904.

§ 20–1906. Bequest to female

When a bequest of personal property or money is made to a female and directed by the will to be paid on her attaining to full, mature, or to a lawful age, the female is entitled to receive and demand the personal property or money on arriving at the age of 18 years or on being married.

§ 20–1907. Meeting of legatees or next of kin

An administrator may appoint a meeting of persons entitled to distributive shares or legacies or a residue, on a day approved by the court, and payment or distribution may be made at the meeting under the court’s direction and control.

§ 20–2101. Petition for distribution of small estate; order

§ 20–2102. Waiver of administration; notice to creditors; final order

§ 20–2103. Exemptions from liability

In the absence of fraud, a person who pays over, transfers, or delivers property pursuant to a final order entered under section 20–2101, or pursuant to the directions of a petitioner acting under authority of a final order under section 20–2102, is not liable for the application thereof, and he, or a person who receives any property pursuant to a final order entered under section 20–2101, or pursuant to the directions of a petitioner acting under authority of a final order under section 20–2102, is not responsible for any claims on account of the payment, transfer, delivery, or receipt of the property. The property distributed pursuant to a final order in either case becomes the absolute property of the respective distributees thereof.

§ 20–2104. Waiver of bond and commissions

A petitioner under this chapter is not required to be represented by an attorney, or to give bond, and he may not receive a commission for performing services under this chapter.

§ 20–2105. Forms to be furnished; fees

The Register of Wills shall prepare, and make available, forms whereby the petition and final order under section 20–2101, and the petition, preliminary order, the statement, the final order, and the certificate of payment under section 20–2102, shall constitute in each case one connected instrument. In lieu of all other fees, costs, or charges, the Register of Wills shall receive a fee of $5 for all services administered under this chapter, including the taking of affidavits, plus a fee of 25 cents for each certified copy of the instruments.

§ 20–2106. Discovery of additional property

The discovery of additional property of the decedent, after the filing of a petition in either case provided for by this chapter, shall be reported by the petitioner to the Probate Court as soon as discovered by him. The existence of the additional property does not invalidate any proceedings under this chapter except when the additional property is discovered before the entry of the final order provided for, and either (1) is real estate, or (2) increases the total value of the estate to more than $500. In either case a final order may not be entered under t his chapter, and the court-shall require regular administration. When additional personal property is discovered after entry of the final order, which does not increase the value of the total estate to more than $500, the additional property may be distributed pursuant to a new petition. In all other cases the additional property may not be distributed under this chapter.

§ 20–2107. Penalties for false affidavits and other violations

Whoever makes a false affidavit under this chapter, or willfully violates an order of the Probate Court under this chapter, shall be fined not more than $500 for each offense.

§ 20–2108. Application of chapter

This chapter applies to estates of persons dying after June 24, 1949; and where there is a conflict or inconsistency between this chapter and any other law, this chapter governs.

§ 20–2301. Petition for appointment of receiver, where absentees interested in property; United States attorney as party

§ 20–2302. Warrant to United States marshal; fees of marshal

Upon the filing of a petition under section 20–2301, the court may issue a warrant directed to the United States marshal for the District of Columbia, commanding him to take possession of the property named in the schedule and hold it subject to the order of the court, and make return of the warrant as soon as may be, with a statement of his actions thereon and a schedule of the property so taken. The marshal shall post a copy of the warrant upon each parcel of land named in the schedule and cause so much of the warrant as relates to land to be recorded with the recorder of deeds of the District of Columbia. He shall receive such fees for serving the warrant as the court allows, but not more than those established by law for similar service upon a writ of attachment. If the petition is dismissed, the fees and the cost of publishing and serving the notice provided for by this chapter shall he paid by the petitioner; but if a receiver is appointed, they shall be paid by the receiver and allowed in his account.

§ 20–2303. Notice of hearing to absentee and interested parties

Upon the return of the warrant issued under section 20–2302, the court may issue a notice reciting the substance of the petition, the warrant, and the marshal’s return, which shall be addressed to the absentee and to all persons who claim of record an interest in the property, or who are known to petitioner to claim an interest in the property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the marshal’s schedule should not be appointed and the property held and disposed of under this chapter.

§ 20–2304. Time of hearing; publication and posting of notice

The return day of the notice issued under section 20–2303 shall be not less than 30 nor more than 60 days after its date unless otherwise ordered by the court. The court shall order the notice to be published not less than once in each of three successive weeks in one or more newspapers within the District of Columbia, and a copy to be posted in a conspicuous place and upon each parcel of land named in the marshal’s schedule, and a copy to be mailed to the last known address of the absentee. The court may order other and further notice to be given within or without the District of Columbia.

§ 20–2305. Appointment of receiver; bond; finding of date of disappearance

The absentee or a person who claims an interest in any of the property may appear and show cause why the prayer of the petition filed under section 20–2301 should not be granted. The court may, after hearing, dismiss the petition and order the property in possession of the marshal to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the marshal and named in his schedule. When a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee. The receiver shall give bond to the court in such sum and with such conditions as the court orders, with a corporate surety thereon approved by the court.

§ 20–2306. Transfer of property to receiver; schedule of property

After the approval of the bond required by section 20–2305, the court may order the marshal to transfer and deliver to the receiver the possession of the property under the warrant provided by section 20–2302, and the receiver shall file in the court a schedule of the property received by him.

§ 20–2307. Possession, by receiver, of additional property; collection of debts

Upon petition of a receiver appointed under section 20–2305, the court may direct him to take possession of any additional property within the District of Columbia which belongs to the absentee and to demand and collect all debts due the absentee from any person within the District of Columbia, and hold the property and moneys collected as if they had been transferred and delivered to him by the marshal.

§ 20–2308. Procedure where absentee left only debts due him; appointment of receiver

When the absentee has left no corporeal property within the District of Columbia, but there are debts and obligations due or owing to him from persons within the District of Columbia, a petition may be filed, as provided by section 20–2301, stating the nature and amount of the debts and obligations, as far as known, and praying that a receiver thereof be appointed. The court may thereupon issue a notice as provided by section 20–2303, without issuing a warrant, and may, upon the return of the notice and after a summary hearing, dismiss the petition or appoint a receiver and direct him to demand and collect the debts and obligations specified in the petition. The receiver shall give bond as provided by section 20–2305, and shall hold the proceeds of the debts and obligations and all property received by him, and distribute them as hereafter provided by this chapter. The court may confer upon the receiver such further authority as may be conferred under section 20–2307.

§ 20–2309. Care, custody, sale of property

The court may make orders for the care, custody, leasing, and investing of property and its proceeds in the possession of a receiver appointed under this chapter. After the appointment of a receiver, upon his petition and after notice,, the court may order all or part of the property, including the rights of the absentee in land, to be mortgaged, or sold at public or private sale, to supply money for payments authorized by this chapter or for reinvestment approved by the court.

§ 20–2310. Support of absentee’s wife and minor children

The court may order the property held by the receiver under this chapter, or its proceeds acquired by mortgage, lease, or sale, to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee’s wife and minor children, and to the discharge of debts and claims for alimony proved against the absentee.

§ 20–2311. Receiver may adjust claims of or against estate

The court may authorize a receiver appointed under this chapter to adjust by arbitration or compromise demands in favor of or against the estate of the absentee.

§ 20–2312. Compensation of receiver; interest of absentee in property to cease after fourteen years

A receiver appointed under this chapter shall be allowed such compensation and disbursements as the court orders, to be paid out of the property or proceeds. If within 14 years after the date of the disappearance and absconding as found and recorded by the court, the absentee appeal’s or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of the absentee is appointed, the receiver shall account for, deliver, and pay over to him the remainder of the property. If the absentee does not appear and claim the property within the 14-year period specified, all his right, title, and interest in the property, real or personal, or the proceeds thereof shall cease, and no action may be brought by him on account thereof.

§ 20–2313. Distribution after fourteen years as if absentee had died intestate

When, at the expiration of the 14-year period specified by section 20–2312, the property has not been accounted for, delivered, or paid over under section 20–2312, the court shall order the distribution of the remainder to the persons to whom, and in the shares and proportions in which, it would have been distributed if the absentee had died intestate within the District of Columbia on the day 14 years after the date of the disappearance or absconding as found and recorded by the court.

§ 20–2314. Time for distribution and accounting when receiver not appointed within thirteen years

When a receiver is appointed more than 13 years after the date found by the court under section 20–2305, the time limited for accounting for, or fixed for distributing, the property or its proceeds, or for barring actions relative thereto, is one year after the date of his appointment instead of the 14 years provided by sections 20–2312 and 20–2313; except that the time limited for accounting for, or fixed for distributing, any additional property or its proceeds within the District of Columbia coming into the possession of the receiver during the one year period, or for barring actions relative thereto, is one year after the date possession is taken by the receiver.

§ 20–2315. Construction with other laws

77 Stat. 522.

This chapter does not modify sections 14–701 and 14–702.

Subchapter I— Appointment of Guardian; Bond

Subchapter II— Property of Infants

Subchapter III— Indigent Boys

§ 21–301. Definitions

As used in this chapter;

§ 21–302. Gifts of securities, money, life insurance, or annuity contracts to minors; manner of making

§ 21–303. Gift irrevocable; rights and duties of guardian or custodian

§ 21–304. Custodian to be one person; rights, powers, and duties of custodian

§ 21–305. Compensation of custodian or guardian; bond; liability of custodian serving without compensation

§ 21–306. Exemption of third persons from liability

An issuer, transfer agent, bank, broker, insurance company, or other person acting on the instructions of or otherwise dealing with a person purporting to act as a donor or in the capacity of a custodian is not responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether a purchase, sale, or transfer to or by or other act of a person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, and is not obliged to inquire into the validity of propriety under this chapter of an instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, and is not bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.

§ 21–307. Successor custodians; eligibility; rights, powers, and duties; manner of resignation; removal

§ 21–308. Accounting by custodian or his legal representative

§ 21–309. Construction of chapter

The method for making gifts to minors provided by this chapter is not exclusive.

§ 21–310. Short title

This chapter may be cited as the “District of Columbia Uniform Gifts to Minors Act”.

§ 21–311. Preservation of prior rights and liabilities; construction with other laws

This chapter does not affect rights and liabilities under the Act approved August 3, 1956 (chapter 947, 70 Stat. 1028), existing on December 31, 1962; nor does it supersede or modify the Internal Revenue Code of 1954, as amended (Title 26, United States Code),

68A Stat. 3.

or the District of Columbia Income and Franchise Tax Act of 1947, as amended (subchapter II of chapter 15 of Title 47 of this Code).

61 Stat. 328.

D.C. Code 47–1551 note.

Subchapter I— Definitions; Commission on Mental Health

Subchapter II— Voluntary and Nonprotesting Hospitalization

Subchapter III— Emergency Hospitalization

Subchapter IV— Hospitalization Under Court Order

Subchapter V— Right to Communication; Exercise of Other Rights

Subchapter VI— Miscellaneous Provisions

§ 21–701. Definition

As used in this chapter, “mentally ill person” has the same meaning as that given to the term by section 21–501.

§ 21–702. Property subject to liens

Where a mentally ill person 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 mentally ill person were of sound mind.

§ 21–703. Property subject to executory contract

Where a mentally ill person:

the court in either case may decree the execution of the contract or enter a proper decree, as if the parties were of sound mind.

§ 21–704. Contract for sale by adult in behalf of himself and mentally ill person

When, upon a hearing and an examination of the circumstances, the court considers a contract for the sale of real estate by persons interested therein jointly or in common with a mentally ill person, to be for the interest and advantage both of the mentally ill person, and of the other persons interested therein, 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 mentally ill person in the real estate.

§ 21–705. Ancillary guardian of nonresident mentally ill person

When a mentally ill person residing outside the District of Columbia is entitled to property or to maintain an action in the District of Columbia, a general guardian or committee of his estate, appointed by a court of competent jurisdiction in the State or territory where the mentally ill person resides, or a person at the request of the guardian or committee, may petition the court for ancillary letters as guardian or committee. The petition shall be under oath, accompanied by certified copies of as much of the record and proceedings as shows the appointment of the guardian or committee and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority conferred. The court may thereupon issue to the guardian or committee ancillary letters as such guardian or committee, without citation, or may cite such persons as it believes proper to snow cause why the application should be refused; and the court shall require the security required by law in like cases from a resident guardian or committee.

§ 21–706. Suits by ancillary guardian

§ 21–901. Definition

As used in this chapter, “mentally ill person” has the same meaning as that given to the term by section 21–501.

§ 21–902. Commitments by special commissioners of certain district courts

§ 21–903. Apprehension by certain officials of persons believed to be mentally ill; proceedings

§ 21–904. Admission upon written application; right of release

A person in a place specified by section 21–902 may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent of the hospital for a period not exceeding 30 days. If, after admission to Saint Elizabeths Hospital, he expresses a desire for release from the hospital, he shall be released within 72 hours thereafter, unless proceedings for his adjudication as a mentally ill person have been instituted as provided for by section 21–906.

§ 21–905. Superintendent to receive persons committed or apprehended under sections 21–902 and 21–903

The Superintendent of Saint Elizabeths Hospital shall receive for observation and diagnosis a person apprehended or committed as provided by sections 21–902 and 21–903 for the periods therein prescribed, unless the person is sooner discharged or returned to his home or to the State of his residence.

§ 21–906. Examinations; adjudications; laws applicable; expense of care and treatment

§ 21–907. Transfer of military personnel

A person belonging to the armed forces arrested, apprehended, detained, or committed pursuant to this chapter shall, upon the request of the head of the department having jurisdiction over the service to which he belongs, be transferred forthwith to the custody of his service.

§ 21–908. Care in a Veterans’ Administration facility

§ 21–909. Payment of expenses of transfers

The Superintendent of Saint Elizabeths Hospital may arrange for and pay the expenses of the transfer of a person committed to his custody pursuant to this chapter or admitted to the hospital pursuant to section 21–904 to his relatives or to a hospital in the State of his residence, and, in connection with the transfer, may pay the transportation and expenses of attendants necessary to insure safe travel.

§ 21–1101. Definitions

As used in this chapter:

“District Training School” means the institution established pursuant to section 32–601, and designated the “District Training School” by section 32–602, or any successor to that institution;

“feeble-minded person” means a person afflicted with mental defectiveness from birth or from an early age, so pronounced that he is incapable of managing himself and his affairs, or being taught to do so, and who requires supervision, control, and care for his own welfare, or for the welfare of others, or for the welfare of the community, and is not mentally ill to such an extent as to require his commitment to Saint Elizabeths Hospital, as provided by chapter 5 of this title or other laws with respect to the commitment and custody of mentally ill persons.

§ 21–1102. Persons received in District Training School; age limit

Subject to such regulations as the Department of Public Welfare adopts, and pursuant to this chapter and chapter 6 of Title 32, feeble-minded persons of not more than 45 years of age at the time of commitment shall be received into the District Training School,

§ 21–1103. Petition of District Court as to feeble mindedness; contents; verification; notice; process

§ 21–1104. Summons; contents; answer not required; return day; service

The summons prescribed by section 21–1103 shall require all persons upon whom it is served to appear personally at the time and place stated therein and to bring into court the alleged feeble-minded person. A written answer to the petition is not required, but the cause shall stand for hearing upon the petition on the return day of the summons. The summons shall be made returnable at any time within 20 days after the date thereof. Service of process upon any of the persons named in the petition or whose names are endorsed thereon is not necessary if they appear or are brought before the court personally without service of summons. The summons may be served by any officer authorized by law to serve processes of the District Court of the United States for the District of Columbia.

§ 21–1105. Appointment and qualifications of physicians; examination; certificate

Pursuant to the filing of a petition under section 21–1103, the court shall appoint two physicians, at least one of whom is skilled in the diagnosis and treatment of mental diseases, to make an examination of the alleged feeble-minded person to determine his mental and physical condition. Their certificate shall be filed with the court on or before the hearing on the petition. The persons so appointed may make such personal examination of him as will enable them to offer an opinion as to his physical and mental condition. A certificate may not be made by them until after the examination.

§ 21–1106. Warrant to take into custody; detention or temporary guardianship; place of detention

Pursuant to the filing of a petition under section 21–1103, or upon motion at any time thereafter, where it is made to appear to the court by evidence given under oath that it is for the best interest of the alleged feeble-minded person or of other persons or of the community that he be at once taken into custody, or that the service of summons will be ineffectual to secure his presence, a warrant may issue on the order of the court directing that he be t alien into custody and brought before the court forthwith or at such time and place as the court appoints. Pending the hearing of the petition, the court may order the detention of the alleged feeble-minded person, or the placing of him under temporary guardianship of a suitable person, on the latter person’s entering into a recognizance for his appearance, as the court deems proper. Pending the hearing of the petition, the alleged feeble-minded person may not be detained in a place provided for the detention of persons charged with or convicted of a criminal or quasi -criminal offense.

§ 21–1107. Hearing; continuances; character of proofs; jury trial

After the filing of a petition under section 21–1103 and pending the final disposition of the case, the court may continue the hearing from time to time. The court shall take proofs as to the financial circumstances of the alleged feeble-minded persons and of his relatives legally liable for his support , and as to the alleged condition of the person and his personal and family history, and shall fully investigate the facts before making an order. When a jury is not required, the court shall determine the question of whether the person is feeble-minded. If the court deems it necessary, or if the alleged feeble-minded person or a relative or a person with whom he resides so demands, a jury shall be summoned to determine the question of whether the person is feeble-minded. The jury shall be selected from the juror’s in attendance upon the court or a special jury may be summoned to determine the question.

§ 21–1108. Dismissal and discharge, or placement in District Training School; controlling considerations

Where, at a hearing under section 21—1107, the court or the jury finds that the alleged feeble-minded person is not feeble-minded as defined by this chapter, the court shall order the petition dismissed and the person discharged. Where the court or the jury finds that the alleged feeble-minded person is feeble-minded and subject to be dealt with under this chapter, have regard to all the circumstances appearing at the hearing, the controlling factor throughout the proceedings being the welfare of the persons of the community, the court shall enter a decree directing that the feeble-minded person be placed in the District Training School. Tire decree so entered is binding upon all persons whom it may concern until rescinded or otherwise superseded or set aside.

§ 21–1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties

§ 21–1110. Liability of estate of public patient for maintenance

When the court orders the admission of a person to the District Training School as a public patient, and it appeal’s then or thereafter that, the patient has an estate out of which the Government may be reimbursed for his maintenance, in whole or in part, the court shall order the payment out of the estate of the whole or such part of the cost of maintenance of the patient at the institution as it deems just, regard being had for the needs of those having a legal right to support out of the est ate. The order shall remain in full force and effect unless modified by the court. Upon the death of the feeble-minded person while an inmate at the institution, or within five years after his discharge therefrom, his estate is liable to the District of Columbia for the cost of his maintenance at the institution, and the claim of the District of Columbia is a preferred claim.

§ 21–1111. Proceedings to charge relatives legally responsible for maintenance of public patient; collection of maintenance payments; enforcement of order; liability of decedent’s estate

§ 21–1112. Public patients may become private patients by filing bond and paying advance

When a person is admitted to the District Training School as a public patient, and thereafter the bond and advance payment referred to in section 21–1109 are executed and delivered to the court, the court shall make an order changing the status of the person from a public to a private patient.

§ 21–1113. Restrictions on discharge; petition for discharge; causes for discharge; superintendent to be notified; notice of variation of order; denial on one petition not a bar to another

§ 21–1114. Proceeding when child brought before juvenile court appears feeble-minded

When a child is brought, before the juvenile court of the District of Columbia as a dependent or delinquent child, and it appears to the court, on the testimony of a physician or psychologist or other evidence, that the child is feeble-minded within the meaning of this chapter, the court may adjourn the proceedings and direct a suitable officer of the court or other suitable reputable person to file a petition under this chapter. The court may order that, pending the preparation, filing, and hearing of the petition, the child be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance.

§ 21–1115. Inquiry under this chapter if person convicted of offense

§ 21–1116. Transfer to Saint Elizabeths Hospital when person becomes insane

When a person becomes insane while confined in the District Training School and the Superintendent of the institution certifies in writing that the person is insane and is not a fit subject for care and maintenance at the institution, the United States District Court for the District of Columbia shall issue an order for his admission to Saint Elizabeths Hospital. The transfer does not. affect the liability on a bond for private support, or an order for reimbursement for public support. All bonds and orders for reimbursement are liable and in force for the cost of maintenance at Saint Elizabeths Hospital.

§ 21–1117. Separate docket of feeble-minded cases; reports of commissions

The court shall keep a separate docket of proceedings in feeble-mindedness, upon which shall be made such entries as will, together with the papers filed, preserve a complete record of each case, the original petitions, writs, and returns made thereto. The reports of commissions shall be filed with the clerk of the court.

§ 21–1118. Transfer of feeble-minded from National Training Schools for Boys or Girls

When the Superintendent of the National Training School for Boys or of the National Training School for Girls certifies to the court that in his opinion an inmate thereof is feeble-minded, the court, shall permit him or any other reputable citizen of the District of Columbia to file a petition as provided by section 21–1103. If the inmate is found and adjudged to be feeble-minded, the court shall immediately issue an order for his admission as a public patient to the District Training School.

§ 21–1119. Removal from school of nonresidents of the District of Columbia

The Department of Public Welfare shall cause a person who has been admitted to the District Training School, but who has not acquired a legal residence in the District, to be removed as soon as possible to the State in which he belongs.

§ 21–1120. Paroles; conditions; expense; discretion of superintendent; violation; return

Under general conditions prescribed by the Department, of Public Welfare, the Superintendent of the District Training School may grant paroles to patients in the institution where the conditions in the homes in which they are to reside are satisfactory and where the paroles are deemed by the Superintendent as not? injurious to the interests of the patients or the public. The expense of the vacation shall be borne by the guardian, relatives, or other persons responsible for the care of the patient while on the vacation. The Superintendent may grant a parole for an indefinite period to a patient who has improved sufficiently to warrant the opportunity and when satisfactory supervision for the patient while on the leave is assured. If the conditions of a parole granted under this chapter are violated, the patient may be taken up and returned as an escaped patient.

§ 21–1121. Citation, order, or process on inmates to be served only by superintendent

Only the Superintendent of the District Training School, or a person designated in writing by him, may serve a citation, order, or process required by law to be served on an inmate of the institution. Return thereof to the court from which it issued may be made by the Superintendent. The service and return have the same force and effect as if it had been made by the United States marshal of the District of Columbia, or his deputy, or by the sheriff of the county in which the institution is located.

§ 21–1122. Approval of inmates contracts, etc., by court

A public or private patient in the District Training School may not be allowed to execute a contract, deed, will, or other instrument unless the execution has first been allowed and approved by an order entered of record by the United States District Court for the District of Columbia. A certified copy of the order shall be furnished to the Superintendent of the institution at the time of the execution of the instrument.

The order of the court is evidence only of the capacity of the patient to make the instrument.

§ 21–1123. Offenses and penalties

Whoever:

shall be fined not more than $1,000 or imprisoned not more than one year, or both.

§ 21–1301. Appointment of committee

When a person residing in the District of Columbia, and owning mi estate, real or personal, situate therein, is alleged to be unfit, from the habitual use of intoxicating liquors, opium, cocaine, or similar substance, or compound or derivative thereof, to manage or control his estate properly, the United States District Court for the District of Columbia, on the petition of a creditor or relative of the person, or if there is not a creditor or relative, upon the petition of a person living in the District of Columbia, and upon summons being sensed upon the person alleged to be unfit, commanding him to appear and answer the petition, may order a jury to be summoned to ascertain whether the person is an alcoholic or addicted to the habitual use of opium, cocaine, or similar substance or compound or derivative thereof and unfit from any of these causes to manage and control his property. If the jury finds that the person is an alcoholic or a habitual user of opium, cocaine, or similar substance or a compound or derivative thereof and unfit to manage or control his property, the finding, when confirmed by the court, shall be entered of record in the cause, and the court shall thereupon appoint a fit person to be committee of the person so declared unfit to manage or control his property.

§ 21–1302. Bond; powers and duties

The committee before entering upon the discharge of his duties shall execute a bond, with surety, to be approved by the court or a judge thereof, to the United States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of the person, conditioned for the faithful performance of his duties as the committee. He shall have control of the estate, real and personal, with power to collect all debts due the alcoholic or drug addict, and to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. He shall apply the annual income of the estate to the support of the person, and the maintenance of his family and education of his children; and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots.

§ 21–1303. Jurisdiction of court over property

The court has the same powers as to the property of a person for whom a committee has been appointed pursuant to this chapter as it has in respect of the property of infants.

§ 21–1304. Discharge

When a person for whom a committee has been appointed under this chapter becomes competent to manage his property on account of reformation in his habits, he may apply to t le court to have the committee discharged and the care and control of his property restored to him. When it appears by the verdict of a jury summoned therefor, or by affidavits, or other evidence to the satisfaction of the court, that the applicant is a fit person to have the care or control of his property, it shall enter an order restoring him to all the rights and privileges enjoyed before the committee was appointed.

§ 21–1501. Appointment of conservators

When an adult residing in or having property in the District of Columbia is unable, by reason of advanced age, mental weakness not amounting to unsoundness of mind, mental illness, as the latter term is defined by section 21–501, or physical incapacity, properly to care for his property, the United States District Court for the District of Columbia may, upon his petition or the sworn petition of one or more of his relatives or any other person or persons, appoint a fit person to be conservator of his property.

§ 21–1502. Filing of petition; requirements; time and place of hearing; appointment of guardian ad litem

§ 21–1503. Bond; powers and duties

The conservator before entering upon the discharge of his duties shall execute an undertaking with surety to be approved by the court in such amount as the court orders, conditioned on the faithful performance of his duties as conservator. He shall have control of the estate, real and personal, of the person for whom he has been appointed conservator, with power to collect all debts due the person, and upon authority of the court to adjust and settle all accounts owing by him, and to sue and be sued in Iris representative capacity. He shall apply such part of the annual income and of the principal of the estate as the court authorizes to the support of the person and the maintenance and education of his family and children; and shall in all other respects perform the same duties and have the same rights and powers with respect to the property of the person as have guardians of the estates of infants.

§ 21–1504. Discharge

When a person for whom a conservator has been appointed under this chapter becomes competent to manage his property, he may apply to the court to have the conservator discharged and to be restored to the care and control of his property. If the court finds him to be competent, it shall enter an order restoring the care and control of his property to him. The court has the same powers with respect to the property of a person for whom a conservator has been appointed as it has with the respect to the property of infants under guardianships.

§ 21–1505. Appointment of temporary conservator

Upon the filing of a petition as provided by this chapter, the court may, with or without notice or hearing, appoint a temporary conservator of the estate of a person, if it deems the action necessary for the protection of the estate, subject to the provisions for an undertaking specified by section 21–1503. The temporary conservator shall serve only until a permanent conservator can be appointed or until sooner discharged.

§ 21–1506. Personal welfare of person under conservatorship

The court may at any time order that the conservator or another person shall be responsible for the personal welfare of the person whose property is under conservatorship. In that event the conservator or other person, subject to the direction and control of the Civil Division of the court, has the same powers and duties with respect to the personal welfare of the person whose property is under conservatorship as have the guardians of the persons or infants under guardianships.

§ 21–1507. Lis pendens

Upon the filing of a petition under this chapter, a certified copy of the petition may be filed for record in the office of the Recorder of Deeds of the District of Columbia. If a conservator is appointed on the petition, all contracts, except for necessaries, and all transfers of real and personal property made by the ward after the filing and before the termination of the conservatorship are void.

§ 21–1701. Definitions

§ 21–1702. Application of payment made to fiduciaries

A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary.

§ 21–1703. Transfer of negotiable instruments by fiduciary

If a negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if a negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, the instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in a transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.

§ 21–1704. Check drawn by fiduciary payable to third person

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. Where, however, the instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in a transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.

§ 21–1705. Check drawn by and payable to fiduciary

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is commit ting a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligations as fiduciary unless lie takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith.

§ 21–1706. Deposit in name of fiduciary as such

If a deposit is made in a bank to the credit of a fiduciary as suck, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the inline in which the deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, the check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

§ 21–1707. Deposit in name of principal; check drawn thereon by fiduciary; check payable to drawee bank

If a check is drawn upon a bank account of his principal by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay the checks without being liable to the principal, unless the bank pays the cheek with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check, or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, the check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

§ 21–1708. Deposit in fiduciary personal account

When a fiduciary deposits in a bank to his personal credit checks:

or if he otherwise deposits funds held by him as fiduciary, the bank receiving the deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary, and may pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of facts that its action in receiving the deposit or paying the check amounts to bad faith.

§ 21–1709. Deposit in names of two or more trustees

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee authorized by the others to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.

§ 21–1710. Law not retroactive

This chapter does not apply to transactions that took place prior to May 14, 1928.

§ 21–1711. Cases not provided for by chapter

In a case not provided for by tills chapter the rules of law and equity, including the law merchant and those roles of law and equity relating to trusts, agency, negotiable instruments, and banking, continue to apply.

§ 21–1712. Short title

This chapter may be cited as the “Uniform Fiduciaries Act”.

Sec. 2.

The Commission on Mental Health continued by section 21–502 of Part III, District of Columbia Code, as set out in section 1 of this Act, is the Commission est ablished by the Act approved June 8, 1938 (chapter 326, 52 Stat. 625), as amended, and continued by section 20 of the Act approved September 15, 1964 (Pub. Law 88–597, 78 Stat. 954). Chapter 5 of Title 21 of Part III, District of Columbia Code, as set out m section 1 of this Act, does not affect or impair the existence of the Commission so established and continued, and does not alter the pay or the terms of office of the members of the Commission serving as such on December 31, 1965.

Sec. 3.

Section 3 of the Act approved August 31, 1957 (Pub. L. 85–244,

Dower rights.

71 Stat. 560), as amended by section 3 of the Act approved September 14, 1961 (Pub. L. 87–246, 75 Stat. 515), is amended to read as follows:

“Sec. 3.

Effective March 15, 1962, all provisions of the Act entitled Lin Act to establish a code of law for the District of Columbia’, approved March 3, 1901, as amended, and all other laws in force in the District of Columbia, relating to the right of dower and its incidents, apply to both husband and wife.”

#

Sec. 4.

The repeal, by section 8 of this Act, of section 19(b) of the Act approved September 15, 1964 (Pub. Law 88–597,78 Stat. 953; D.C. Code, 1961 ed., Supp. IV, 1965, sec. 21–308 note), and the prior repeal, by section 19(a) of such Act approved September 15, 1964)78 Stat. 953) of the Act approved June 8, 1938 (chapter 326, 52 Stat. 625; D.C. Code, 1961 ed., sec. 21–308), as amended, and of the Act approved August 9, 1939 (chapter 620, 53 Stat. 1293; D.C. Code, 1961 ed., secs. 21–310 to 21–318, 21–320 to 21–325), as amended, do not affect (1) any action or proceeding brought prior to September 15, 1964, and existing on December 31, 1965, or (2) any liability incurred by a person for the payment of the costs of maintenance and treatment of an insane or incompetent person hospitalized in the District of Columbia prior to September 15, 1964, and any such action or proceeding shall be heard or determined and such liability continued in accordance with the provisions of those Acts in the same manner and to the same extent as if they had not been repealed.

Sec. 5.

There are authorized to be appropriated such sums as may

Appropriation,

be necessary to carry out the provisions of Part III, District of Columbia Code, as set out in section 1 of this Act.

Sec. 6.

The following British statutes, heretofore classified to Part III of the District of Columbia Code, 1961 edition, under the authority of section 1 of the Act approved March 3, 1901 (ch. 854, 31 Stat. 1189; D.C. Code, 1961 ed., sec. 49–301), have no further force, as such, tn the District of Columbia:

Sec. 7.

This Act takes effect on January 1, 1966.

Sec. 8.

The sections of the Acts or parts of Acts, enumerated in the schedule below, are repealed. Any rights or liabilities existing under the statutes or parts thereof so repealed, and any cases, actions, or proceedings instituted under, or growing out of, any of the statutes or parts thereof so repealed, are not affected by the repeal. However, laws becoming effective after February 3, 1965, and inconsistent with this Act supersede it to the extent of the inconsistency.