Section 26-8-46

Removal of property or money when minor or ward and conservator nonresidents — Transcript showing appointment as conservator of minor or ward in state of residence, etc.; notice to resident administrator, guardian, etc.; entry of order authorizing removal of property to state of residence.

The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of congress, showing that he has been appointed conservator of the minor or ward in the state in which he and the minor or ward reside and has duly qualified as such according to the laws thereof and given bond, with surety, for the performance of his trust; and must also give 10 days' notice to the resident executor, administrator or conservator, if there is such, of the intended application. Thereupon, if good cause is not shown to the contrary and the judge of probate shall be satisfied, upon proof being made, that it will be for the interest of the minor or ward, such judge of probate shall make an order granting such conservator leave to remove the property of the minor or ward to the state or place of his residence, which shall be an authority to him to sue for and recover the same in his own name for the use of the minor or ward.

(Code 1852, §2033; Code 1867, §2443; Code 1876, §2798; Code 1886, §2495; Code 1896, §2380; Code 1907, §4470; Code 1923, §8243; Code 1940, T. 21, §115; Acts 1987, No. 87-590, p. 975, §2-333(b).)