Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-05-06
mo. 2S-l AN ACT,
Concerning the Relation of Guardian
and Ward.

Section l. Be it enacted by the Gen
eral Assembly of the State of Ohio, Tha
:, the probate court in each county of thi
state shall, when necessary, appoin
guardians of minors resident in sue
county.
Sec. 2. A guardian may be appointe,
to take charge only of the estate of
minor; and at the time of, or subsequent
iy to the appointment of such guardian
to any minor having neither father OF
mother, or who's. father and mother arc
both unsuitable persons to have tho Gus
tody and tuition of such minor, or whose
interests will, for any other cause in the
opinion of the court, be promoted there
by, the court may also appoint guar,
dian to have the custody and provide
for the maintainanc ce and education o1
such minor: provided, however, that il
the powers of the person appointed guar.
dian be not limited by the order of ap-
pOintment, the person so appointed shall
| be guardian both of the person and es-
tate Of the ward; and-the court shall in
every instance appoint guardian both
of the person and estate of the ward,
unless the interests of the minor will,
in the opinion of the court, be promoted
Hy the appointment Of separate guardi-
ans as hereinbefore prescribed
Sec. 3. No person who may have
been, or shall be, an administrator on
an estate, or executor of last will and
testament, shall be appointed a guardi-
an of the person and estate, or of the
estate only. ofany minor who shall be
Interested iii the estate administered up
-ba -ho1i h. Id
terest under or by virtue of such last
will and tcstiment; but an executor or
administrator may be appointed guar
dian of the person only of 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, if a
suitable person, shat! be appointed; but
;fsGvh minor shall fail to select suita-
0le person, an appointment may be made
without reference TO the wishes of such
minor. \ minor shall not, in any in
stance, have the right to select one per-
son to be the guardian of his or her es-
tate only, aud another person TO be guar
dian of his or her person only. unless
the court having the power OF appoint
ment shall De Of opinion that the inter
ests Of such minor will be promoted by
the choice and appointment of such sep
aratc guardians, instead of one guardian
both of the person and estate.
See. 3. When a guardian has been
appointed for any minor before he or she
snail have attained the age for making
a selection as fixed ih the last preceding
section, the powers OF such guardian
shall continue until the ward shall ar
rive at the age OF majority, unless such
guardian be sooner removed ter good
cause, or such ward shall select another
suitable guardian. After such sclectIou
is made and approved by the court, and
The person SO selected is duly appointed
and qualified, the powers of the guard.
an previously appointed shall cease, anG
thereupon the final account of such guar
dian shall be filed and settled in the
proper court.
Sec. 8. Before any person shall be
appointed guardian of the person anu
estate, or OF the estate only, Of any mi
nor, he shall file in the Office of the court
having such appointments to make, a state
ment OF the whole estate Of said minor,
and the probable value thereof, and al
81 the probable annual rents of such
minor real 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
guardian from the real estate Of SAID mi
nor during his or her minority; which
bond shall be conditioned for the faith
ful discharge of the duties of said per-
son as such guardian, and shall be ap-
proved by the court making such ap-
pointment; and such person shall also
take an oath that he will faithfully and
honestly discharge the duties devolving
upon him as such guardian.
Sec. Z. Before person is appointed
| guardian to have custody, maintenance
and tuition of minor, without the rig ht
to take charge of the estate of such mi
nor, 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 es-
: tate OF his ward, and he shall take the
5 same oath as is prescribed in section six
+ Sec. s. Exceptions may be filed il
the proper court, by any person on be
half of any minor for whom guardian
has been or may be appointed, to thu
/ bond Of such guardian, as to the suffi
r cheney of the amount of the penalt.
t thereof or thesureties therein; whereup
d on notice hall be given TO such Suardl
0 an to appear before said court wishin
: reasonable time, not exceeding ten days
and show cause against the allowance q
: the exceptions; aud upon the hearing q
}, such exceptions, the court may dismis
e the same, or require such guardian t
find additional sureties or security i
It larger amount, or make such other
der as the case may require. And
shall be the duty of the court by whor
3 any guardian is appointed, to require
Of its own motion. such guardian to Civ
additional bond whenever, in the opir
Jon of said court, the interests Of tn