Again, the State law provides that the marriage of a minor terminates the guardianship, but this applies only to persons who do not have lands allotted them by the Government. For the marriage of a minor freedman or Indian, to whom lands have been allotted by the Government, does not, of itself, terminate the guardianship as to his allotment, nor abate the jurisdiction of the county court, and the guardian under such jurisdiction has authority to make a sale of such minor's allotted lands."

Sec. 840. Ward's real estate may be sold for the payment of his debts.

Every guardian appointed under the provisions of this chapter, whether for a minor or any other person, must pay all just debts due from the ward out of his personal estate and income of his real estate, if sufficient; if not, then out of his real estate, upon obtaining an order for the sale thereof, and disposing of the same in the manner provided by law for the sale of real estate of decedents.

Sec. 841. Guardian may sell real estate for maintenance and support of his ward.

Every guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, for the comfortable and suitable maintenance and support of the ward, and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtaining an order of the county court therefor, as provided, and must apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward and his family, if there be any."

7 Kirkpatrick v. Burgess, 29 Okla. 121, 116 Pac. 764.

8 Snyder, 5,489; Wilson, 1,831; California, 1,768 (Kerr), similar.

9 Snyder, 5,491; Wilson, 1,833; Dakota Code, 6,002 (1887); California, 1,770 (Kerr), similar.

Sec. 842.

Guardian may sell ward's real estate to maintain

and educate ward.

When the income of an estate under guardianship is insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, his guardian may sell his real or personal estate for that purpose, upon obtaining an order therefor.10

Sec. 843. Guardian may sell real estate for investment, when.

When it appears to the satisfaction of the court, upon the petition of the guardian, that for the benefit of his ward, his real estate, or some part thereof, should be sold, and the proceeds thereof put out at interest, or invested in some productive stock, or in the improvement or security of any other real estate of the ward, his guardian may sell the same for such purpose, on obtaining an offer therefor.11

Sec. 844. Application of the proceeds of such sale-Investments-How made.

If the estate is sold for the purposes mentioned in the two paragraphs preceding, the guardian must apply the proceeds of such sale to such purposes, as far as necessary, and put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital is wanted for the maintenance of the ward and his family, or the education of his children, or for the education of the ward when a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.

10 Snyder, 5,498; Wilson, 1,840; Dakota Code, 6,009 (1887); California, 1,777 (Kerr), similar; Fitch v. Miller, 20 Cal. 352; Estate of Livermore, 132 Cal. 99, 84 Am. St.

99, 64 Pac. 133; Smith v. Biscailiez, 21 Pac. 15.

11 Snyder, 5,499; Wilson, 1,841; Dakota Code, 7,610 (1887).

If the estate be sold for the purpose of putting out or investing the proceeds, the guardian must make the investment according to his best judgment, or in pursuance of any order that may be made by the county court.12

Sec. 845. The petition for the sale of real estate by guardian. To obtain an order for such sale, the guardian must present to the county court of the county in which he was appointed guardian, a verified petition therefor, setting forth the condition of the estate of his ward, and the facts and circumstances upon which the petition is founded, tending to show the necessity or expediency of a sale.13

This petition, as in other civil matters, in order to give the court power to make an order for the sale of the real estate, must contain the essential averments of the statute authorizing such sale.14

Sec. 846. The duties of the court as to hearing the petitionTime and place of hearing.

If it appear to the court or judge, from the petition, that it is necessary or would be beneficial to the ward that the real estate, or some part of it, should be sold, or that the real and personal estate should be sold, the court or judge must thereupon make an order directing the next of kin of the ward, and all persons interested in the estate, to appear before the court, at a time and place therein specified, not less than four nor more than eight weeks from the time of making such order, to show cause why an order should not be granted for the sale of such real estate. If it appear that it is necessary or would be beneficial to the ward to sell the personal estate, or some part of it, the court must order the sale to be made.15

12 Snyder, 5,500 and 5,501; Wilson, 1,842 and 1,843; Dakota Code, 6,011 and 6,012 (1887); California, 1,780 (Kerr), similar; Guardianship of Cardwell, 48 Cal. 137.

13 Snyder, 5,502; Wilson, 1,844; Dakota Code, 6,013 (1887); California, 1,781 (Kerr), similar.

14 Fitch v. Miller, 20 Cal. 352. 15 Snyder, 5,503; Wilson, 1,845; Dakota Code, 6,014 (1887).

Sec. 847. The notice to the parties-Where and how posted— The mailing of the notices.

The county judge is required to cause copies of such order to be posted up in three public places in the county, one of which must be at the courthouse where said hearing is to be held, and personally served on or mailed to the next of kin of the ward, and all persons interested in the estate of said ward, residing in the county, and to be mailed to all persons who are not residents of the county, with postage prepaid, at least fourteen days before the hearing of the petition. If the postoffice of any such person is unknown, a copy of the order must be published for two successive weeks in some newspaper published in the county, and the hearing of said petition shall not be less than fourteen days from the date of the first publication of such notice. Provided, if written consent to making the order of sale is subscribed by all persons interested therein and the next of kin, said order of sale may be made at once, and without giving the notice provided for in this act.16

Sec. 848. The hearing of proofs of service and publication and the examination of proofs by court.

The county court, at the time and place appointed in the order, or at such other time to which the hearing is postponed, upon proof of the service or publication of the order, must hear and examine the proofs and allegations of the petitioner and of the next of kin, and of all other persons interested in the estate who oppose the application."

Sec. 849. The hearing of the order-Guardian and witnesses may be examined.

On the hearing the guardian may be examined on oath, and witnesses may be produced and examined by either party,

Act approved March 17, 1910, Sec. 10, Chap. 65, S. L. (Okla.)

17 Snyder, 5,505; Wilson, 1,848; Dakota Code, 6,018 (1887).

and process to compel their attendance and testimony may be issued by the county court or judge, in the same manner and with like effect as in cases provided for in the settlement of estates of decedents.18

Sec. 850. The order as to costs in case of objection to the sale.

If any person appears and objects to the granting of any order prayed for under the provisions of this chapter, and it appears to the court that either the petition or objection thereto is sustained, the court may, in granting or refusing the order, award costs to the party prevailing and enforce the payment thereof.19

Sec. 851. The order allowed-The court must specify reasons for the sale Sale public or private.

If, after a full examination, it appears necessary, or for the benefit of the ward, that his real estate, or some part thereof, should be sold, the court may grant an order therefor, specifying therein the causes or reasons why the sale is necessary or beneficial, and may, if the same has been prayed for in the petition, order such sale to be made, either at public or private sale.20

Sec. 852. The guardian must give bond before the sale.

Every guardian authorized to sell real estate, must, before the sale, give bond to the county judge, with sufficient surety to be approved by him, with condition to sell the same in the manner and to account for the proceeds of the sale as provided for in this chapter and by the statutes of this State."

18 Snyder, 5,506; Wilson, 1,848; Dakota Code, 6,018 (1887).

19 Snyder, 5,507; Wilson, 1,849; Dakota Code, 6,018 (1887).

20 Snyder, 5,508; Wilson, 1,850; Dakota Code, 6,019 (1887). See Section

21 Snyder, 5,509; Wilson, 1,851; Dakota Code, 6,020 (1887); California, 1,788 (Kerr), similar; Smith v. Biscailuz, 84 Cal. 344, 21 Pac. 15.