« ForrigeFortsett »
IDIOTS, LUNATICS, DRUNKARDS AND SPENDTHRIFTS.
§ 1. Amends sections 1, 2, 10, 18, 20, § 44. Bond for sale of real 21, 24, 26, 27, 28, 29, 42 and 4 +. estate. Act of 1874, and adds sections 46, 47, 48, 49, 50, 51, 52, 53, 54. § 46. Assent to sale of 55 and 56. homestead or other interest of ward in § 1. Courts of inquiry. real estate—petition —hearing—decree – § 2. Procedure for appoint- disposition of proment of conservator. ceeds. § 10. Accounting and final § 47. Sale of dower in real Settlement. estate—procedure. § 18. Investment of money. § 48. Decree for sale of
estate in dower.
$ 20. Mortgaging real estate.
§ 21. Procedure—“mortgage”
terms of sale. “drunkard” defined.
§ 28. Report of sale—excep-
§ 29. Money and securities
from Sale Subject to § 54. Refusal to deliver
order of court. penalty. § 42. Foreign conservator's § 55. Claims—filing — hear
sale of non-resident's ing.
ing, practice and $ 56. Depositions.
powers of court.
AN ACT to amend an Act entitled: “An Act to revise the law in reldtion to idiots, lunalics, drunkards and spendthrifts,” approved March 26, 1874, in force July 1, 1874, as amended, by amending sections 1, 2, 10, 18, 20, 21, 24, 20, 27, 28, 29, 42 and 44 thereof, and by adding thereto eleven sections to be known as sections 46, 47, 4S, 49, 50, 51, 52, 53, 54, 55 and 56. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. An Act entitled: “An Act to revise the law in relation to idiots, lunatics, drunkards and spendthrifts,” approved March 26, 1874, in force July 1, 1874, as amended, is amended by amending sections 1, 2, 10, 18, 20, 21, 24, 26, 27, 28, 29, 42 and 44 thereof, and by adding thereto eleven sections to be known as sections 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56, the amended and added sections to read as follows: § 1. When any person having any estate, real or personal, shall be, or be supposed to be, an insane person, who, by reason of unsoundness of mind, is incapable of managing and caring for his own estate, or when any person having any estate shall be, or be supposed to be
a drunkard or spendthrift or otherwise incompetent, as defined in this Act, the County Court of the county wherein such person resides, or if such person resides out of this State and has an estate within this State, then, the County Court of the county where his real estate or a part thereof may lie, or if such non-resident has no real estate in this State then the County Court of the county where he may have personal property, shall, on the proper petition of any reputable citizen of such county, for the appointment of a conservator of the person or estate (or both) of such person, proceed in the manner hereinafter provided, to ascertain whether such person be an insane person, who, by reason of unsoundness of mind, is incapable of managing and caring for his own estate, a drunkard, spendthrift or incompetent as aforesaid: Provided, that in any county wherein a Probate Court is or hereafter may be established, such application shall be made to said Probate Court. § 2. On any petition for the appointment of a conservator of any person being filed, the court shall set said cause for hearing, summons shall be issued returnable on any day of the term, and service thereof shall be had upon the person for whom a conservator is sought to be appointed, in the same manner by summons or otherwise as service is had in chancery, excepting that where personal service of such summons is had, such service shall be had at least three days before the return day of such summons. At the time fixed for the hearing, a jury of six persons (or at the request of either the petitioner or the respondent twelve persons) shall be empaneled to try the case. The court may, for good cause, continue the case from time to time. If any person be found to be an insane person, as defined in this Act, who by reason of such condition, is incapable of managing or caring for his estate, or a drunkard, spendthrift or incompetent person, as defined by this Act, it shall be the duty of the court to appoint a conservator for such person, or his estate or both : Provided, no nonresident of this State shall be appointed under this Act as conservator. No petition filed, under the provisions of this Act for the appointment of a conservator, shall be dismissed or withdrawn, without leave of the court in which such petition is filed. The trial shall proceed in the same manner, as near as may be, as trials at law in the Circuit Court, except as otherwise provided in this Act. Upon the return of the finding of the jury, the court shall cause the same to be recorded at large by the clerk of the court, and unless the court shall grant a new trial, the court shall enter the proper order in accordance with the findings of the jury. Motions for a new trial in such causes may be made orally and when so made shall be entered upon the records. § 10. On every accounting or final settlement of a conservator, he shall exhibit and file his account as such conservator, setting forth, specifically, in separate items, on what account expenditures were made by him, and all sums received and paid out since his last accounting, and on what account each was received and paid out, and showing the true balance of money on hand—and an itemized account of all notes, —38 L
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 the real estate of the ward for a term of years, or in fee. The conservator may, by leave of the County Court, join on behalf of his ward, with the husband or wife of his ward, in the execution
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 reorded and west 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 conservafor 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 *litional bond payable to the People of the State of Illinois, with * lost 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 *tition sought to be sold, conditioned for the due and faithful accounto, for and distribution of the proceeds of real estate that may be *''' 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. § 2. 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 *noon and five o’clock in the afternoon of the some 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 pur. suance of the laws of this State, or of the state, territory or country