§ 64.104.Expenditures by Receiver

A spending power, and it is the only provision in the chapter directed at people rather than property.

Where the needs of the spouse or dependent children of the missing person require the use of the income or corpus of the estate for education, clothing, or subsistence, the court may, with or without application, by order entered in the minutes, appropriate an amount sufficient for that purpose.

"With or without application" is the striking phrase. A court may act on its own, without anyone asking.

That is deliberate and humane. A family whose earner has vanished may not know the power exists, may not have a lawyer, and may be in immediate difficulty — and the court is already before the facts.

Three needs are named: education, clothing, and subsistence — the essentials, not the family’s accustomed standard of living.

Both income and corpus are available. A receivership preserving assets would ordinarily spend only income; here the principal may be reached, because a family cannot wait for a return that may never come.

The beneficiaries are the spouse and dependent children, not creditors, other relatives, or the estate’s administration.

Payment runs through the receiver, and through the court: the income or corpus shall be used by the receiver to pay claims for education, clothing, or subsistence that are presented to the court and approved and ordered to be paid.

So the family does not receive an allowance to spend. Claims are presented, approved, and paid — which protects the estate while meeting the need.