Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-05-19
LAWS OF OHIO.
AN


mo. 81 ANACT
Concerning the Relation OF Guardian aud Ward.
SECTION l.. ne it enacted Gy tse GeHeraf .ssse-st
Of the State eJ Ohio, That the proba'e court an eacl
county Of this state shall, shen necessary appolu
guardians Of minors resident ia such county.
SEC. Q. Aruardian may be appointed 10 take ciiargi
only of the estate of a minor; and al tha time OF. o.
subseouentIy to the appointment Of such guardian Il
any minor having neither father or mott or, or who's
father and mother are both unsuitable persons 10 hav'
the custody and tuition Of such minor, or whose inter
ests will. fer any other canse in the opinion Of th'
court. he promoted thereby. the court may also appoin'
a guardian TO have the cnstoly aad provide for ths
maintenance and ei0catiOa Of Srch minor; provided
however, ti't ~ are powers of the person appointed
guardian he not limited hy the order Of appointment
the person so appointed shall be ~guarii'n hott Of The
person and estate OF the ward: and the court shall in
every instance appoint a guardian both Of the person
and estate of the ward, unless the interests of the II-
nor will. in ;he opinj0R u The court. he rreHa;sdhy
the appointments 0: separate Guardians as heIeiaheiore
prescribed.
SEC. ?. No person who may have been. or shall he.
an administrator on an estate. or eNecutur Cf a last
will and Testament, shsilhe appointed d guardian Of the
person and estate, or of the estate only. Of any minor
who shall be interested in the state Administered up
on. or who shall he eatitiets 20 aay Interest under or Icy
virtue Of such last will and testameut; but an ca ecutnr
or administratar may be appointed a guardian of the
person only of a minor.
SEC. 4. Any male infant over IN age of fourteen
years, or a female infant over the ale OF twelve years,
shall have the right TO select a guardian; who, if a sui,
a,le person, shall he appointed. hut Il such minor shall
fail to selec; a suitable person, on appointment Eag be
made without reference to the wishes 0 such minor. A
minor STA not. ~ any llsNAECt. Y AG F4-1l Il Z
iect one person to be the guardian Of his or her estate
only, and another person to he guardian Of his or her
person only, urless the codrt having ue power OF ap
pointment shall be OF opinion that the interests OF such
minor will be promoted by tn. choice and appointment
of such separate guardians. instead OF one guardian
both of the person and es ate.
SIZE ). When = guardian has heen appointed for any
minor before he or she shall have attained the age for
making a selection a. fixed in the last preceding sec
tion, the powers OF such guardian shall coutinne untii
the ward shall arrive at the age Of majority. unless
such guardian be sooner removed for sOoa cause. or
such ward shll select another suitable guardian. 1Ecr
such selection is made AND approved by the court. and
the person $. selected is duly appointed and qualified.
the powers of the %guariian lreViousiy appointed shat
cease, and thereup0n the hnal acceurt OK SIcA euar
dian shall &c f!ed aud svttiei in the proper court
SEC 6. Before any person shall be appointed cHlr-
dian of the person aud estate. or OF The estate only. OF
any mino-. he shall fte Ia the Office af he cnc;t having
such appointment to n Ike. = stateT7nt OF the whole
estate of said minor. and the probable value thereof
and also the probable anEua. rents Of Sach minors
real estate, ami shall verify tl-sauc ty afiiJVit, and
shall give bond with freehold safrtiss. PAYABLE 70 ihe
State of Ohio. in double ihe amoRIt % the personal
estate belonging to said minor, aa1 also Of uc gross
amount OF rents that viii Se probably received y the
guardian from the real estate Of said minor during his
or her minority; which bond shall be conditioned Tor
the failhfIl discharge Of the duties OF said persoa as
such guardian. and shall he approved ny the court
making such appointment: and such person sh.Il also
take an oath that he viii faithfully and honestly dis.
charge The duties drYOlving I. on Linn as such -usr
dian.
SEr-T. BEFORE 1 person Is appointed cusrisn to
have The custody, maiatenance AMI tuition Of minor
without the rich; to take charge of the estate of sch
minor. he shall give bond n double the probable
expenses OF cs2ia;aining aua e1ScStlEg such minor
during one year. L. ell other respects his bond shall ?
he the same as if he had charge OF the e tate Of his
ward. AID he shall take the same cd;h as Is prescribed
in section six.
Sees. Exceptions may he a:ed in the proper ccurt
by any person on hehaif OF any miuar for whom a I
guardian has Teen or EAy be appointed. 10 sAc b01l Of !
Saci ~guardi8n, as to the suEiriency OF tee = 1curt OF 1
the penalty thereof, or the sureties th@rz IN; Nhe:eEpo1 /
notice shall he given to such Guardian - eTnca-he!o-c
said court within a reasonable dre Iot Exceeding ten
days. ard show Cause against the allowaTcs NJ tie
exceptions: and upon the hearing Of such ex ;eI tors,
the court may dismiss The same, or regs5Te such -IGr- F!
dian TO find additional sureties or sscar5ty IN ! IlTEar
amour {. or make such other order IS the case may
require. And it shall ne the duty az The court by whom
any guardian is apo Ltsa- 10 require. of its OTl 40 (
ton. srch guardian 10 give additional bond whenever
in the oPinica CT said court the Interests CT ale ward
az such guardians shall demand the SANE.
sEc-9. No iOad execu.e1 hy Z guardian after this
act shall, take eject shall he weld, or he'll invalid on
account OF any iufoTraality in The same nar on account
Of any in!orrlality or illcEalitv in the appointment %
such guardian; but such bond shall! have the same force
aud effect as If such appointment Lad been legally
made, and such bon executed in proper form.
SEC 10. When the same person shall he appointed
guardian OF several minors sach rersoa shall execu,e
4 separate bond as guardian for each Of s1cb minors.
SE'- II Every person appointed guardian ho;h OF
The person and estate Of 4 minor. shall Lave thu cts
todt and tuition OF his ward. and the management Of
such ward 5 estate daring minority unless sooner Re
moved or discharged from such traSt- Or the suardia1
ship shan SINNER determine from any Of the eaas.
specified in this act; provided. that the father Of snch
minor. or il there be NJ father, the H10ther. If suitable
person respectively. shall have the custody Of tie Per /
son and the control Of the education of such miner.
SEC -. The marriage OF a ward. ii a female, shall
determine the guardianship t the person, lGt MT as Il
the estate Of such EaId.
ser. l3- When q C~lariiaa has heen appointed by
will. by a father or mother Of any child. such guardian
khil he erttle. to preference in appointments over
all others withou: reference 20 his pl &c q! residence.
or the choice Of such minor. hut ms appointment. du
ties, powers and liabilities shall in al Other respects
he governed by the las regulating guardians not ap
pointed by will. except As other wise provided in ths
act relating TO Wills. passed Nay }. 10
SH.-l I'd The fsli0-snr 81. Y 10 =ha fufGaz n P-a-v =
guardian of any minor who may nc appointed to hare
the cnsto1y and take charge Of the estate o. sleh iai-
EoI. to wit First-Fo make cut aud file. within thee
months after his appointment. = fol- inventory. yeifsl
by 0 18th, Of the real and personal estus OF his EarI.
with the value o. the s ta-- and IN. value Of the yearly
rent OF the real estate; AMI failing 50 10 do, i shall ne
the deity OF the proper court II remove him AMI ap-
point a successor. Secoal-F9 n nase ie est ate for
the hest interests OF his ward. Iiirl-To render on
oath to the proper court al account u the receipts aud
expenditures Of such guardian. verified y vouchers or
proof. at least once in every two years; and iaGi2S so
to do. he shall receive no allowance ior s.rsices--
Pourth-At the expiration OF his trust fllly - account
Tor and pgy ever to the proper person all Of the estate
of said wari remaining in his hands. F,fth-TO lEg :
lnst dehtS due iruIn such ward, o1t OF me estate IN q
his hands and collect all debts due such ward; and il
case OF douhtfal debts to rompornd thu same: and 4p
pear for and defend. Or cause 20 he defended, all suits
against such ward. Sixtli-When any yard has no
father or mother, or having 4 father or mother. ana
such parent is unable or fills 20 educate such ward. it {
shall lie the duty Of his guardian TO provide for him |
such education as tie Gmouat OF his estate may justiiy !
Seventh TO loan the money OF his ward within : req
<o1f2hic time attcF ne receives Il. ana tne TaFulcnL 81 q
the money loaned shall Se secCred by a mortgage on a
real estate or double The value OF the money loan-l,
exclusive OF bull iings or other improvements. timi,cr {
and minerals in or upon such real estate or upon the c
purchase or pledge OF the certificates of tie fu=ded 5
debt Of this state; and he shall NJ each settlement. &C
count for all the interest he may receive OF the money
"a loaned; and Il he fail to losn the money OF BIS Sard l
within such reasonable time, he shall account on set
Element for such money aud interests thereon. calcu q
hated with annual interest. E~ighth-To oi.sy and per Il
farm all the orders and judgments ofihe proper court 6
the gasrciansh:p-
SIC. Is. When = guardian is appointed to take
charge only Of the estate Of a minor. his duties shall
lie the same rs those specified in tie fourteenth sec
d! this act. EXCEPT that lac Saill not bee required &C c
perform the sixth du'y therein m-Htioued when 4 T.
OF the peIsO2 Of .uch minor has been aY- {
pointed
SEC 10. When a guardian is appointed to have the A.,
'Hstody- maintenance ana education of : minor, his =
iuiirs shall he as follows First-TJ protect and con n
rl the person OF his wsri Sec0Dd-TO provide a "
.uitable maintenance for his ward, when necessary, "
shieh saali be pad out oil tde estIis Of sdch ward ia
he hands Of The guardian Of sach estate, upon tie
OF the guardian o: the person OF sdch ward
such ward has no father or muihsr, orI
,aying a father or mother aEd such Parent is agahie
Or tails to maintain or educate such ward, il shall he
he duty OF the gusrjisn 50 appointed TO provide toT r
aim such maintenance AMI education as the amount Of L
ais estate may Justify. which shall lie paid cut Of the e
state Of such Nsrl in the hands Of tie guardian or L
estlte, upon the order Ct The guardian VI he per Ii
'oa Of such ward. fourih-To orey &rd perform all il
he orders and judgments O the proper cc1rI t~ouctiac
"a guardianship.
SEC. Il. Tie probate court may at any time remove
guardian. he having thirty days s"licr Tier OF, Il
for habituai drunkenness. neglect of MS dat es. incom- II
petency. fraudulent canipct, removal from the county. q
or any other cause which. in the opiuiod of such court, G
II for the Interest Of the ward that such guar
iian be removed; tie reInOrai from the s;Gts Of any
'rrsOn who has been heretofore or who m3y be here m
Il er he appointed guardian. shall OF itself determine II
he guardianship of such person. an wnen any i-f9ht ~
or whom Il guardian has heeE or may he app3iated ia "
his state. shall remove 10 another state or t. n terri r.
Dry. anG . guardian Of such itfIEt stall be there APP
'ninted, upon the presentation Of satisfactory evidence
such last mentioned appointment TO the court In
ais state making the frs; uamel appointment, such =
'anrt may remove sach g~uTri.an IN this stste. ana
aOtupel a settlement Of The acrouuts Of such guar ian.
Sec-ls- Any sCretr, Of a guardian may. 81 any tune. =.
pPly to the lToSer Prol2-- court 70 lie released frUH =
rs loat with such g~u2Tdaa, ~ fling his rcgae5i =
h-rsfor with The judge ofsgch court. and giving tcu I.
notice TO such guardian, when such cna~t shall re- ="
ease such surety. and II such gaardian fail 10 give
new bond. asny such c0ur. directed. lie shall be re
sove and his letter slpCrCsisa- bct such oTiEiuaf -
urets Shall not Re released until such guardian 81
20 give itoads, aud s1ct original surety shall he liable
Tor The acts ai sGca guardian from ;he time o. the
execution Of the original hoaG "a The fling ani ay- z
proval ny the curt OF Sash nes bond. =
Sec 10. The court BY whom any guardian mas hpen
or may he appointed raay, for reasons satisfactory TO
court accept the resigtat'on of any such gum
iian, and appoint another ~ his steal. :
Sec ~. IL shall hrtse duty - tie court h- wha1