353.260 Petition for court approval -- Affidavits -- Guardian ad litem -- Order of

307 words·~1 min read·/ky/353-260

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

approval.

(1)Upon the execution of such a consolidation agreement, the guardian shall file with

the clerk of the Circuit Court in the county in which the land covered by the lease to

be consolidated hereunder, or the greater portion thereof, lies a petition for an order

approving such consolidation agreement setting forth a copy of the consolidation

agreement and a statement of facts constituting the grounds relied upon to secure

the approval of such agreement, and shall submit with the petition the affidavits of

not less than three

(3)disinterested owners of real estate in the county wherein the

proceedings hereunder are brought, as to whether such agreement will be

advantageous or beneficial to the minor or minors for whom such guardian is

acting, which affidavits shall be filed and preserved as records of the Circuit Court.

(2)No agreement permitted by KRS 353.240 to 353.260 shall be valid or effective until

the judge of said court appoints a guardian ad litem to represent the minor or minors

whose interests are sought to be consolidated hereunder. The guardian ad litem shall

file an answer and the affidavits of at least three

(3)witnesses, proving the

advantages or disadvantages of such agreement, and shall make such

recommendation to the judge relating to the agreement as he believes to be most

beneficial to the persons on whose behalf he is acting. He shall receive for his

services a reasonable compensation, to be allowed by the judge and taxed as costs.

(3)The judge shall proceed in a summary manner to approve or disapprove the

consolidation agreement, and if he approves it he shall endorse his approval

thereon. The order of the judge approving such agreement shall be entered on the

civil order book of the circuit clerk's office of the county in which the proceedings

hereunder are brought.