Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-06-02
la WS or OHIO.
PuQisIsd ~ Anlaority.
mo. 67. I an Aer
Concerning the Relation Of Guariian and
Wnrd. - d

SKCrIoH I. BE IL enacted By he Gen,
erdI Assembly ofhe State of Ohio, That
the pro5sts court In each county Of tbil
state shag, when necessary, appoint guar
dians Of minors resident in such county.
| SEC. 2. A guardian may Be appointed
to take charge only Of the estate Of a mi.
nor; and at the time Of, or subsequently,
to the appointment Of such guardian TO
any minor having usithsr father OF mother
Or whose father and mother zee sbOlh m.
suitable persons to have ibs custody and
tuition Of such minor, OF whose interests
will, for any other cause IN The opinion OIL
The court, be promoted thereby, the court
MAJ also appoint . guardian to have the
custody and provide for the maintenance
aud education Of such minor; provided,
however, that if the powers Of the person
appointed guardian be not limited BY the
order of appointment the person 50 ap
pointed shall be guardian both oftbe per.
son and estate of the ward, and the court
shall in every instance appoint a guardian
both Of the person aud estate Of the ward,
unless the interests Of the minor will, in the
opinion Of the court be promoted by the
appointment Of separate guardians as here.
in before prescribed. -r.-......
SEC. 8, Noperson who may have been,
or shall be, an administrator ca an estate,
or executor Of last will and testament,
shall be appointed guardian Of the per-
son and estate, or of the estate only,o any
minor who shall be interested in the es.
tate administered upon, or who shall be
entitled to any interest underor by virtue
of such last will and testament; but an ex.
ecutor or administrator may be appointed
guardian Of the person only of a minor.
SEC. 4. Any male infant over the age
Of fourteen years, or female infant over
the age of twelve years. shall have the
right to select guardian; who, ifa suita.
bic person, shall be appointed; but if such
minor shall fail to select a suitable person,
an appointment may be made without ref.
erence to the wishes Of such minor. A mi
nor shall not in any instance, have the
right to select one person to be the guar
dian Of bis 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 be Of opinion that the
interests of such miuor will be promoted by
the choice and appointment of such separ.
etc guardians instead Of one guardian both
Of the person and estate. OF.
SEQ. 5. When guardian has been ap.
pointed for any minor before be or she
shall have attained the age for making a
selection as fixed in the last preceding sec.
ton, the powers of such guardian shall
continue until the ward shall arrive at the
age of majority, unless such guardian be
sooner removed for good cause, or such
ward shall select another suitable guardian.
After such selection is made and approved
by the court, and the person 50 selected is
duly appointed and qualified, the powers
of the guardian previously appointed shall
cease, and thersupon tie final account Of
such guardian shall be filed and settled in
the proper court. ..
SEC. 9. Before any person shall be ap.
pointed guardian of the person and estate,
or of the estate only, Of any minor,he shall
file in the Office of the court having such
appointment to make, a statement Of the
whole estate of said minor. and the proba-
bic value thSreofand also the pIobable an
nual rents Of such minor'sreal estate, and
shall verify the same by affidavit, and shall
give bond with freehold sureties, payable
to the State Of Ohio in double the amount
Of the personal estate belonging to said mi
nor, and also Of the gross amount Of rents
that will be probably received by the guar
dian from the real estate of said minor du
ring bis or her minority; which bond shall
be conditioned for the faithful discharge
Of the duties Of said person as such guar
dian, and shall be approved by the court
making such appointment; and such per.
son shall also take an oath that be will
faithfully aud honestly discharge the du-
ties bevolving upon him as such guardian.
SEC. 7. Before person is appointed
guardian to have the custody maintenance
and tuition of a MINOR without the right |
to take charge of the estate of such minor,
he shall give bond in double the probable |
expenses ofmaintaining and educating such |
minor during one year. In all other res.
poets his bond shall be the same as if he
had charge of the estate Of bis ward, and
be shall take the same oath as is prescribed
in section Six a
SEo. 8. Exceptions may be filed in the
proper court, by any person on behalf Of
any minor for whom guardian has been
or may be appointed, to the bond Of such
guardians to the suficiency Of the amount
Of the penalty therefor the sureties there
in; whereupon notice shall be given to such
guardian to appear before said court with
in a reasonable time, not exceeding ten
days, and show cause against the allow
ance of the exceptions; and upon the hear
ing OF such exceptions, the court may dis.
miss the same, or require such guardian to
find additional sureties or security in a
larger amount, or make such other order as
the case may require. And it shall be the
duty Of the court by whom any. guardian
is appointed, to require, fits own motion,
such guardian to give additional bond
Whenever, in the opinion Of said court, tho I
Of the ward of such guardian shall I
demand the same. l.
pSEo. o. No bond executed BY guar.
dial after this act shall take effect shall be
void or held invalid on account of any in II
fornality in the same nor on account Of
any informality or Illegally in Ihe appoint. !
meut Of such guardian but such bond {
shalI have the same force and effect as if
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