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bonds, investments, accounts and evidences of indebtedness composing the personal estate of his ward and said conservator shall produce and exhibit to the court, the notes, bonds, investments, accounts and evidences of indebtedness so itemized, and it is hereby made the duty of the court to inspect the assets so exhibited. Such account shall be accompanied by the proper vouchers and be signed by the conservator and verified by his affidavit.

If the conservator shall fail to present a full, complete and true account, as required by law, the County Court shall have full power to state such an account, which account so stated by the court, when entered of record, shall be binding and conclusive against such conservator and the surety or sureties on his bond or bonds; subject, however, to the right of appeal as in other cases.

The County Courts of this State shall enforce the settlements of estates as prescribed by law, and upon the failure of the conservator to make settlement, as provided by law, the court shall order a citation to issue to the sheriff of the county where the conservator resides, or may be found, requiring said conservator to appear at a time to be fixed by the court, and make settlement of the estate, or show cause why the same is not done; and if the conservator fails to appear at the time required by such citation, the court shall order an attachment requiring the sheriff of the county where the conservator resides, or may be found, to bring the body of said conservator before the court; and upon a failure of the conservator to make settlement under the order of the court after having been so attached, he may be dealt with as for contempt, and shall be forthwith removed by the court, and some discreet person appointed in his stead; the costs of such citation or attachment to be paid by the delinquent conservator, and the court shall enter a judgment therefor, and a fee bill and execution may issue thereon.

§ 18. It shall be the duty of the conservator to place and keep his ward's money at interest, upon security to be approved by the court. by investing, on approval of the court, the same in United States bonds. or in the bonds of any state, county, city or municipality, which are not issued in aid of railroads and where the laws do not permit said counties, cities or municipalities to become indebted in excess of five per cent of the assessed valuation of property for taxation therein, and where the total indebtedness of such county, city or municipality does not exceed five per cent of the assessed valuation of property for taxation at the time of such investment. Personal security may be taken for loans not exceeding $100. Loans upon real estate shall be secured by first mortgage, or trust deed thereon and not to exceed one-half the value thereof. All loans shall be subject to the approval of the court. The conservator shall be chargeable with interest upon any money which he shall wrongfully or negligently allow to remain in his hands uninvested, after the same might have been invested.

$ 20. The conservator may, by leave of the court, mortgage real estate of the ward for a term of years, or in fee.

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The conservator may, by leave of the County Court, join on of his ward, with the husband or wife of his ward, in the execution

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and delivery of any mortgage or deed of trust in the nature of a mortgage, upon such husband's or wife's real estate and to release for the benefit only of such mortgage or deed of trust, the dower and homestead interest of said ward in said real estate.

§ 21. Before any mortgage shall be made, or joined in by the conservator pursuant to the preceding section, the conservator shall petition the County or Probate Court appointing such conservator, for an order authorizing such mortgage to be made, or authorizing the conservator to join in a mortgage as above provided, in which petition shall be set out the condition of the estate and the facts and circumstances on which the petition is founded, and a description of the premises sought to be mortgaged. The petition shall be signed by the conservator and verified by his affidavit.

If the court shall grant to the conservator the authority prayed for, it shall be the duty of the conservator after making, or joining in such mortgage, as soon as may be, to make a report of his action to the court granting the authority, which, if approved, shall be recorded and vest in the mortgagee a good and valid lien on the ward's interest in the mortgaged premises for the full amount of such mortgage. The word "mortgage" as used in this Act shall include a trust deed and any instrument in the nature of a mortgage.

§ 24. The petition shall set forth the facts and circumstances on which the petition is founded, the condition of the estate, a particular description of the real estate sought to be sold, the interest of the ward therein, and the nature and extent of all liens upon, and other interest, if any, in said real estate, so far as the same may be known to the petitioner. The petition shall be signed by the conservator and verified by his affidavit, and shall be filed at least ten days before the commencement of the term of court at which the application shall be made.

$26. Such petition shall be docketed as other causes, and the petition may be amended, heard or continued for notice or other cause, and the practice in such cases shall be the same as in cases in chancery.

The court shall make no order for the sale of real estate under said petition, until the conservator shall have executed and filed an additional bond payable to the People of the State of Illinois, with at least two sufficient sureties, to be approved by the court, in at least double the value of the real estate, and all interest therein, by said petition sought to be sold, conditioned for the due and faithful accounting for and distribution of the proceeds of real estate that may be sold by him or her under such order, in the manner provided by law, which bond may be put in suit in the name of the People of the State of Illinois, to the use of any person or persons entitled to recover on a breach thereof, and damages assessed and proceedings had thereon as in other cases of penal bonds.

$ 27. No lands or tenements shall be sold by any conservator by virtue of any order or decree of the County Court unless such sale is at public vendue and between the hours of ten o'clock in the forenoon and five o'clock in the afternoon of the same day, nor unless the time, place and terms of holding such sale were pre

viously published for the space of four weeks by posting up notices thereof in at least four of the most public places in the county where such real estate shall be sold, and also by causing a similar notice thereof to be published once each week for four successive weeks prior to the sale, in some newspaper published in such county, or if there be no newspaper published in such county, then in such other newspaper published in this State as the court shall direct, nor unless such real estate shall be described with common certainty in such notices. And the court may direct the sale to be made on reasonable credit and require such security of the purchaser as the interests of the ward, and other parties in interest, may require.

§ 28. It shall be the duty of the conservator making such sale, on or before the first day of the next term of the court thereafter, to file in the office of the clerk of the court granting the order for such sale, a complete report of said sale, giving a description of the premises sold, to whom, where and upon what terms sold, and a general statement of the manner in which the terms of the decree were executed. Any person interested in the premises sold may file exceptions to such report, and upon the hearing thereof the court may approve such report and confirm the sale, or disapprove the same and order the premises to be resold.

§ 29. An account of all moneys and securities received by any conservator for the sale of real estate of his ward, or in which his ward had any interest, together with moneys and securities received by any conservator for the sale of real estate in which any party to the proceedings had any interest, shall be returned, on oath of such conservator, to the County Court of the county where letters of conservatorship were obtained, and such money and securities shall be accounted for and distribution made under order of the court, as to all interests in or liens upon said real estate sold, as shall to equity appertain, and the ward's portion of such proceeds shall be subject to the order of the court, in like manner as other moneys and securities belonging to such ward. In case of sale for re-investment in this State, the ward's money received on account of said sale shall be re-invested under the direction of the court.

42. It shall be lawful for any foreign conservator, guardian, curator or committee of any non-resident insane person, spendthrift, drunkard, or incompetent, who shall obtain an order from the proper court in the state, territory or country in which such conservator, guardian, curator or committee was appointed, authorizing him to make application for the sale of his ward's real estate or personal property in this State, upon filing a certified copy of such order for record in the office of the clerk of the Circuit or County Court of the county in this State in which the property or the major part thereof is situated, to petition such court to obtain an order authorizing such conservator, guardian, curator or committee to sell and transfer any such property or interest therein, belonging to any insane person, spendthrift, drunkard, or incompetent, and to make deeds and conveyances thereof; which deeds and conveyances executed and acknowledged in pursuance of the laws of this State, or of the state, territory or country

in which such conservator, guardian, curator or committee was appointed, shall be effectual in law and equity to pass to the grantee or grantees therein all the right, title and interest of such insane person, spendthrift, drunkard, or incompetent therein. The court ordering the sale may authorize any person to act as auctioneer of the property, but the deed shall be executed by the conservator, guardian, curator or committee. The proceeding and practice and the powers of the court in such case shall be the same as near as may be, as is provided by law in cases of the application and proceedings by resident conservators to sell lands of their wards.

§ 44. The said Circuit or County Court may, in its discretion, require such conservator, curator, guardian, or committee to file a bond, with sufficient securities, conditioned for the faithful application of the money which may be received for any such property, for the benefit, and to the use of such insane person, spendthrift, drunkard or incompetent.

§ 46. Whenever real estate is about to be sold by virtue of the decree of any court in this State, in which any insane person, spendthrift, drunkard or incompetent, has an estate of homestead or dower, or any other interest or estate whatever, the conservator of such insane person, spendthrift, drunkard or incompetent, may petition the court wherein such proceedings are or may be pending, or the court appointing such conservator, for authority to assent in behalf of his ward to the sale of the homestead, dower, or any and all estate or interest of his ward in the real estate so sought to be sold; and if the court shall find that the interests of such ward will be conserved thereby, it shall be lawful for the court to enter an order so authorizing such conservator to assent to the sale, of the homestead, dower and any and all other estate or interest of his ward, in such real estate, or any part thereof, and said conservator shall then so assent in writing in the proceeding for such sale; whereupon it shall be lawful for the court wherein such proceeding to sell such real estate is, or may be pending to enter an order or embody in its decree a provision, directing such real estate to be sold free and clear of the homestead, dower. and any and all other estate and interest of such ward, in such real estate, or any part thereof; and the conveyance pursuant to such decree, shall be valid and effectual to convey to the purchaser the homestead, dower, and any and all other estate or interest of said ward, in and to such real estate so conveyed or any part thereof; provided, that before any disposition or distribution of the proceeds of such sale, the court shall ascertain the fair cash value of said homestead, dower, and any and all other estate or interest of such ward, in such real estate, which shall be paid over to his conservator, less any portion of the costs of proceeding equitably chargeable to his ward's interest in such proceeds of such sale.

§ 47. Whenever the ward is the owner of an estate in dower, in any real estate, the conservator of such ward may petition the court in which the estate of his ward is being administered for authority to sell the ward's said estate in dower in such real estate; and if the court shall find that the interests of such ward will be conserved

thereby, or that it is to the best interests of said ward that said estate in dower of said ward be sold, it shall be lawful for the court to enter an order or decree so authorizing such conservator to sell the ward's estate in dower, in said real estate. The petition shall set forth the facts and circumstances on which the petition is founded and a particular description of the estate in dower of said ward sought to be sold. The petition shall be signed by the conservator and be verified by his affidavit.

§ 48. If upon examination the court shall find that the conservator has substantially set forth the estate in dower of the ward in said real estate and that it is for the best interests of the ward that his dower interest and estate in said real estate be sold, the court shall enter a decree for the sale of such estate in dower.

§ 49. All such sales of the ward's estate in dower in real estate shall be made and conveyances executed for the same, by the conservator applying for such order, and shall be valid and effectual against the ward, and all other persons claiming by or through him. In case of the death, resignation or removal of the conservator applying for an order of sale before conveyance is made, his successor shall proceed in the premises and make conveyance in the same manner as if he had originally applied for such order, which conveyance shall be good, valid and effectual.

§ 50. The court shall make no order for the sale of the ward's dower interest in said real estate under said petition, until the conservator shall have executed and filed an additional bond payable to the People of the State of Illinois, with at least two sufficient sureties, to be approved by the court, in at least double the value of the dower estate and interest, by said petition sought to be sold, conditioned for the due and faithful accounting for and distribution of the proceeds of such sale, which bond may be put in suit in the name of the People of the State of Illinois, to the use of any person or persons entitled to recover on a breach thereof, and damages may be assessed and proceedings had thereon as in other cases of penal bonds.

§ 51. Such sale shall be held at such time and in such manner as the court may direct, and the conservator shall make report of said sale to the court as soon as may be and upon the hearing of such report the court may approve the same and confirm the sale or disapprove the report and order the said dower estate or interest to be resold.

§ 52. The words "insane person," as used in this Act, shall include every idiot, non compos, lunatic, feeble minded, distracted or mentally incompetent person. The word "spendthrift," as used in this Act shall include every person, who, on account of excessive drinking. excessive use of drugs, gaming, idleness or debauchery, is incapable of managing and caring for his estate or so spends, wastes or lessens his estate as to expose himself or his family to want or suffering. The word "incompetent," as used in this Act, shall include every person who by reason of any mental or physical incapacity or incompetency is incapable of managing and caring for his estate. The word "drunkard," as used in this Act, shall include every person, who, on account of excessive

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