26-61 - Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign guardian, etc.
§ 26-61. Transfer of proceeds of sale of real estate of nonresidentbeneficiary to foreign guardian, etc.
When the proceeds of sale of the real estate of an infant, incapacitatedperson, or cestui que trust, under the laws now in force, are invested, orrequired 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 lawfullyappointed or qualified in the state or country of the residence of suchinfant, incapacitated person, or cestui que trust, the court under whosedirection such proceeds are so invested, or required to be invested, may,with the consent of the persons residing in this Commonwealth who would bethe heirs of such infant, incapacitated person, or cestui que trust, if hewere dead, order such proceeds to be paid and delivered to such foreignguardian, committee, conservator or trustee, or his agent or attorney, andremoved by him to the state or country in which he was appointed andqualified. But the court may refuse to grant the prayer of the petitionerwhenever, in its judgment, the removal of the trust subject will defeat orconflict with the provisions of the deed, will, or other instrument creatingthe trust.
(Code 1919, § 5351; 1997, c. 801.)