All fines, premiums, foregifts, and sums of money, which shall or may be had, received, or paid for, or on account of the renewing of any such lease or leases as aforesaid, shall (after a deduction of all necessary incident charges and expenses) be paid to the guardian or guardians, committee or committees, of the person with a disability, and be applied and disposed of for the benefit of the person with the disability, in such manner as the chancellor shall direct: but, upon the death of the person with the disability, all such sum or sums of money as shall arise by such fines, premiums, or foregifts, or so much as shall remain unapplied for the benefit of the person with the disability, at his, her or their death, shall, as between the representatives of the real and personal estates of all such people with disabilities, be considered as real estate, unless such the person with a disability shall be a tenant for life only, and then the same shall be considered as personal estate.
CREDIT(S)
(11 Geo. 3, ch. 20, § 3, 1771; Kilty's Rep. 253; Alex. Br. Stat. 792; Comp. Stat. D.C., 336, § 76; Apr. 24, 2007, D.C. Law 16-305, § 64(c), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-1424.
1973 Ed., § 45-926.
Effect of Amendments
D.C. Law 16-305 rewrote this section, which formerly read:
Ҥ 42-3224. Leases under control of mentally handicapped--Money received for renewal paid to guardian for benefit of handicapped; characterization of money at death of handicapped.
“All fines, premiums, foregifts, and sums of money, which shall or may be had, received, or paid for, or on account of the renewing of any such lease or leases as aforesaid, shall (after a deduction of all necessary incident charges and expenses) be paid to the guardian or guardians, committee or committees, of the said lunatic, and be applied and disposed of for the benefit of such lunatic, in such manner as the chancellor shall direct: but, upon the death of such lunatic or lunatics, all such sum or sums of money as shall arise by such fines, premiums, or foregifts, or so much as shall remain unapplied for the benefit of such lunatic or lunatics, at his, her or their death, shall, as between the representatives of the real and personal estates of all such lunatics, be considered as real estate, unless such lunatic or lunatics shall be tenants for life only; and then the same shall be considered as personal estate.”
Legislative History of Laws
For Law 16-305, see notes following § 42-820.
