The Laws of Texas, 1937-1939 [Volume 31] Page: 75 of 1,313
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FORTY-FIFTH LEGISLATURE-FIRST CALLED SESSION. 1803
PROCEDURE FOR ISSUANCE OF LETTERS OF GUARDIANSHIP
FOR WARDS AND FOR LEASE OF
H. B. No. 38.] CHAPTER 27.
An Act to amend Article 4285, Revised Civil Statutes of Texas, 1925,
providing the procedure authorizing the issuance of letters of guardianship
in estates of nonresident minors, persons of unsound mind,
and drunkards; and to amend Article 4286, Revised Civil Statutes of
Texas, 1925, providing for the sale, renting, leasing, leasing for oil
and gas and other minerals of personal and real property of nonresident
wards, and for the removal of the same, under orders of the
Court having jurisdiction of such estate; and repealing Article 4289,
Revised Civil Statutes of Texas, 1925; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 4285, Revised Civil Statutes of
Texas, 1925, be and the same is hereby amended so as hereafter
to read as follows:
"Article 4285. Letters of Guardianship. Where a guardian
and his ward are nonresidents, such guardian may file in the
County Court of any county where all or part of said ward's
estate is located, a full and complete transcript from the records
of a Court of competent jurisdiction where he and his ward
reside, showing that he has been appointed and has qualified as
guardian of the estate of such ward; which said transcript shall
be certified by the Clerk of the Court in which the proceedings
were had, under the seal of such Court, if there be one, together
with a certificate from the Judge, Chief Justice, or presiding
Magistrate of such Court, as the case may be, that the attestation
of such transcript is in due form; and upon the filing of
such transcript the same may be recorded, and the guardian
shall be entitled to receive letters of guardianship of the estate
of such minor, person of unsound mind, or habitual drunkard
situated in this State, upon filing a bond with sureties as provided
in Article 4141."
SEC. 2. That Article 4286, Revised Civil Statutes of Texas
of 1925, be and the same is hereby amended so as hereafter to
read as follows:
"Article 4286. May Remove Property. Upon the recovery
of the property of the ward, if it be personal property, such
guardian may remove the same out of the State, unless such
removal would conflict with the tenure of such property, or the
terms and limitations under which it is held; and if it be real
property,, he may obtain an order from the Court in this State
having jurisdiction of such estate for the sale of it and remove
the proceeds; or he may obtain an order under the conditions
and upon a proper application, as required of resident guardians,
to rent or lease such real estate for agricultural, business, or
residence purposes, or he may obtain an order to make oil and
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth18824/m1/75/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .