Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-05-13
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

I
Section l. Be it enacted By the General As
sen,6iy Of the State of Ohio, That the probat
, court in each county of this state shall. whel
] necessary, appoint guardians OF minors reslden
. in such county.
Sec 2. A guardian may be appointed t
: take charge only of the estate of minor; and a
the lime OF, or subsequently 10 the appointment
of such guardian to any minor having neither
father ur mother, or whose father or mother art
both unsuitable persons TO have the custody and
tuition of such minor, or whose interests will
for any other cause In the opinion of the court
be promoted thereby, the court may also ap
point a guardian to have the custody and pro
vide for the maintenance and education of sucl
minor; provided. however, that if the powers o
the person appointed guardian be not Limited
by the order OF appointment, the person 50 ap-
pointed shall be guardian both of the person
and estate of the ward. unless the interests o.
the minor will, in the opinion Of the court, bt
promoted by the appointment of seperate guar.
dians as hereinbefore prescribed.
/ See. 3. No person who nav have been, ol
shall be an administrator On an estate. or execu-
tor of last will and testament, shall be ap-
pointed guardian Of the person and estate on
ly, of any minor who shall be interested in the
| estate administered upon, or who shall be en-
titled to any interest under or by virtue of such
last will and testament; but an executor or ad-
ministrator may be appointed a guardian OF the
person only of a minor
Sec. A. Any male infant over the age Of
fourteen years. or a female infant over the age OF
twelve years, shall have the right to select a
guardian; who. if a suitable person. shall be ap-
pointed; but if such minor shall fail to select a
suitable person, an appointment may be made
without reference TO the wishes ofsuch minor
A minor shall not. in any Instance, have the
right to select one person to be guardian of his
or her estate only, and another person to be
guardian of his or her person only, unless the
court having the power OF appointment shall he
Of opinion that the interests of such minor Will
be promoted by the choice and appointmrnt of
such seperate guardians, instead of one guar
dian both of the person and estate.
See. 5. When guadian has been appointed
for any minor before he or she shall have at
tanned the age for making selection as fixed
in the last preceding section, the powers of such
guardian shall continue until the ward shall ar
rive at the age of majority, unless such guar
dian be sooner removed for good cause. or such
ward shall select another suitable guardian. Af-
ter such selection is made and approved by the
court, and the person so selected is duly ap-
pointed and qualified, the powers of the guar
dian previously appointed shall cease, and
thereupon the final account of such guar
dian shall be filed and settled in the proper
court.
See. 6. Before any person shall be appoint
ed guardian of the person and esaate, or of the
estate only, of any minor, he shall file in the Of
fee of the court having such appointment to
make, a statement of the whole estate of said
minor, and the probable value thereof, and also
the probable annual rents of such minors real
estate, and shall verify the same by affidavit,
and shall give bond with freehold suIe,ies, pay
able to the state of Ohio, in double the amount
of the personal estate belonging to said minor.
and also of the gross amount of rents that will
be probably received by the guardian from the
real estate of said minor during his or her mi
nority; which bond shall be conditioned for the
faithful discharge of the duties of said person as
such guardian, and shall be approved by the
court making such appointment: and such per-
son shall also take oath that he will faithful
ly and honestly discharge the duties devolving
upon him such guardian.
Sec. 7. Before a person is appointed guar
dian to have the custody, maintenance and tut
ton of minor, without the right to take charge
of the estate of such minor, he shall give bond
in double the probable expenses of maintaining
and educating such minor during one year. In
all other respects his bond shall be the same as
if he had charge of the estate of his ward, and
he shall take the same oath as is prescribed in
section six.
See. 6. Exceptions may be filed in the pro-
per court, by any person on behalf of any mi
nor for whom guardian has been or may be
appointed, to the sufficiency of amount Of the
penalty thereof, or the surcties therein: where
upon notice shall be given TO such guardian to
appear before said court within reasonable |
time, not exceeding ten days and show cause
against the allowance Of exceptions; and upon
the hearing of such exceptions, the court may
dismiss the same, or require such guardian to |
nr IN q
amount, or make such other orders as the case |
may require. And it shall be the duty of the |
court by whom any guardian isappoiBted, to re-
quire, of its own motion, such guardian to give
bond whenever, in the opinion of said
court, the interests of the ward of such guar
dians shall demand the same.
Sec. 9. No bond executed by guardian after
act this shall take effect shall be void, or held
invalid on account of any informality in the
same, nor on account of any informality or ille
yaiity IN thd appointment of such guardian; but
such bond shall have the same force and effects
IS if such appointment had been legally made
md such bond executed in proper form.
Sec. 10. When the same person shall be ap-
pointed guardian of several minors, such person
shall execute q seperate bond as guardian for
Zach II such minors.
Sec. II. Every person appointed guardian
both of the person and estate of minor. shall
lave tne CUSTODY anu tultlOu Ol Ills WiirC. anu |
he management of such wards esia:e during
minority, unless sooner removed or discharged
rom such trust, or the guardianship shall SOON
r determine from any of the causes specified in
his act; provided. that the father of such mi
or, or if there be no father, the mother, if suit
BILE person respectively, shall have the custody Is
f the person and the control of the education of
uch minor. t
Sec. II. The marriage of the ward, if female, p,
hall determine the guardianship of the p, rson, a
ut not as to the estate of such ward. I
Sec. l3. When a guardian has been ap-
ointed by will, by father or mother of any j
hild, such guardian shall be entitled to prefer t
nee in appointments over all other, without t
eference to his place of residence, the choice o
such miner, but his appointment, duties, f
overs and liabilities shall in all other respects
e governed by the law regulating guardians
OF appointed by will, except as otherwise t.
rovided in the aci relating to wills, passed May t
, 1852. il
every guardian of any minor who may be ap-
ointed 10 have the custody and take charge of e
he estate of such minor, to wit:-To make out c.
nd file, within three months after his appoint b
tent, full inventory, verified by oath, of the t.
,al and personal estate of his ward with the VI
llue of the same, and the value of the yearly IA
mt of the real estate; and failing so to do, it p
,all be the duty of proper court to remove him ii
ad appoint successor. Second-To manage
lie estate for the best interest of his ward al
hird-To render on oath to the proper court IS
account of the receipts and expenditures of fo
lch guardian, verified by vouchers Of proof. at it
asst once in two years; and failing SO to do. he M
lall receive no allowance for services. Fourth cl
AT the expiration of his trust fully to account e,
r the estate of said ward remaining in his 50
lnds. Fifth-To pay all just debts, debts due si
ON such ward, out Of the estate in his hands, ps
I'd collect all debts due such ward; and in case