§ 26-61. Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign guardian, et...
When the proceeds of sale of the real estate of an infant, incapacitated person, or cestui que trust, under the laws now in force, are invested, or required to be invested under the direction of a court, and such infant, incapacitated person, or cestui que trust resides out of this Commonwealth, on the petition of a guardian, committee, conservator or trustee lawfully appointed or qualified in the state or country of the residence of such infant, incapacitated person, or cestui que trust, the court under whose direction such proceeds are so invested, or required to be invested, may, with the consent of the persons residing in this Commonwealth who would be the heirs of such infant, incapacitated person, or cestui que trust, if he were dead, order such proceeds to be paid and delivered to such foreign guardian, committee, conservator or trustee, or his agent or attorney, and removed by him to the state or country in which he was appointed and qualified. But the court may refuse to grant the prayer of the petitioner whenever, in its judgment, the removal of the trust subject will defeat or conflict with the provisions of the deed, will, or other instrument creating the trust.
(Code 1919, § 5351; 1997, c. 801.)
Sections: Previous 26-59 26-60 26-61 26-62 26-63 26-64 26-66 26-67 NextLast modified: April 3, 2009