93-13-183 - Non-resident guardian may sue in this state for ward's property.
§ 93-13-183. Non-resident guardian may sue in this state for ward's property.
When any minor or person of unsound mind, shall reside out of this state, but has personal property, or is entitled to a legacy, or a distributive share of an estate being administered, or any debt or right of action, in this state, and a guardian has been appointed for such minor or person of unsound mind in the state or country of his residence, such guardian may sue in the courts of this state for, or may receive without suit, and give a valid receipt and acquittance for, such personal property, or legacy, or distributive share of an estate being administered as aforesaid, or may collect such debt or right in action, after filing in the office of the clerk of the chancery court of the county in this state where there may be some person indebted to such minor or person of unsound mind, or where any part of such personal property may be situated, or in which such estate may be administered a certified copy of the letters of guardianship issued to such non-resident guardian in the state or country where he was originally appointed, and a certificate of the officer before whom he is there liable to account as such guardian, that he is there liable to account for the thing sued for or received. When a certified copy of the letters of guardianship as aforesaid, and a certificate of the officer before whom such guardian is liable to account as aforesaid, shall be filed as aforesaid, it shall be conclusively presumed that the appointment and qualification of such guardian was in all respects valid and regular and lawful under the laws of the state and country where he was originally appointed.
Sources: Codes, Hemingway's 1921 Supp, § 2005c; 1930, § 1908; 1942, § 445; Laws, 1918, ch. 236.