CHAPTER 228 - ORPHANS COURT

AN ACT TO AMEND CHAPTER 118 OF THE REVISED CODE OF THE STATE OF DELAWARE OF 1935 AND TO EMPOWER THE COURT TO DISPENSE WITH SURETY ON GUARDIANS' BONDS UNDER CERTAIN CIRCUMSTANCES

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 4423, Section 8 of Chapter 118 be amended by striking out said section and inserting in lieu thereof the following:

4423. Section 8. GUARDIANS; APPOINTMENT OF IN VACATION AT CHAMBERS; PROCEEDINGS:—It shall be lawful for the Chancellor, Vice-Chancellor or a Judge of the Orphans' Court, to appoint guardians for minors, in vacation, at chambers upon petition, and to make all orders for such appointments as are now made in like cases by the Orphans' Court; and the Clerk of the said Court shall file and record all such petitions and orders in the same manner as if they had been presented to, and made by, the said Court. But no entry of the appointment of a guardian shall be made until the guardian shall have given bond as surety, as the law required, subject to the provisions of the following paragraph.

When the estate of a minor consists wholly or partly of cash, if it shall appear to the Court that such disposition of such case is advisable, the Court may, on application, or of its own motion, order the cash or any part thereof forming such estate of such minor to be deposited in a bank, savings bank or trust company in the State of Delaware to be designated in said order, such deposit to be withdrawn only on further order of the Court and in such case, if the Court shall so order, the guardian of such minor may be relieved of giving surety to account for any cash so deposited or income credited thereon by any such bank, savings bank or trust company. The Court shall have power at any time, in any such case to require that bond with surety be given, to be approved by the Court.

Section 2. That 4425, Section 10 of Chapter 118 be amended by striking out said section and inserting in lieu thereof the following:

4425. Section 10 of Chapter 118. GUARDIANS; BOND OF; NO ENTRY OF APPOINTMENT UNTIL GIVEN; EXCEPTIONS; EXCEPT THE RECORD OF; CERTIFICATE OF APPROVAL:—Every person appointed guardian shall, unless surety is dispensed with under the provisions of Section 8 of the Chapter, become bound with surety to the ward in a penal sum to be fixed by the Court, by a joint and several obligation, to be, with a security, approved by the Court, with condition that if the said _____ guardian of______ shall duly render according to law, just and true accounts of guardianship, and if the said _________ , his executors and administrators, upon the determination or ceasing of the guardianship, shall deliver and pay to the said _______ , his executors and administrators, all the property belonging to him in the possession of the said _______ , and all that shall be due to him in said , and if the said _______ shall in all things faithfully perform and fulfill his duties as guardian as aforesaid, then this obligation shall be void. The condition may be adapted to the case of several guardians, or a female guardian, or ward, by the requisite variation from said form. Unless surety shall be dispensed with under the provisions of Section 8 of this chapter, no entry of the appointment of a guardian shall be made until such bond be given and approved; and a note thereof, with the penalty of the bond, and the surety or sureties shall be subjoined to the record of appointment; but no certificate of approval shall be necessary to the validity of the bond.

Approved April 2, 1941.