93-13-9 - Testamentary guardians; appointee to accept and qualify.
§ 93-13-9. Testamentary guardians; appointee to accept and qualify.
The guardian appointed in the manner provided for in Section 93-13-7 shall, before he exercises any authority over the ward or his estate, appear before the chancery court and declare in writing his acceptance of the guardianship, exhibiting and filing therewith the instrument of appointment, which shall be recorded with the acceptance in the records of wills; and he shall qualify according to law. The validity of the instrument may be contested like that of a will. If the guardian fails to qualify for the space of three (3) months after his right to the guardianship shall have accrued, or earlier as the court may direct, he shall be summoned to appear and declare his acceptance or renunciation of the guardianship. If he fails to appear after being summoned, or appearing, renounce or fail to qualify, the court shall appoint some other person guardian of the ward.
Sources: Codes, Hutchinson's 1848, ch. 36, art. 1(123, 124); 1857, ch. 60, art. 141; 1880, § 2096; 1892, § 2185; 1906, § 2402; Hemingway's 1917, § 1963; 1930, § 1867; 1942, § 403; Laws, 1972, ch. 408, § 4, eff from and after July 1, 1972.