The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-10-20
OF OHIO.
AN ACT
Concerning the Relation of Guardian and
Ward.
FUsLIsuED by AUrHOnlrF.

Concerning the Relation Of Guardian and
Ward.
SECTION /. Be IL enacted be- The Gea-
srai Assembly Of the STATE f Ohio, That
the probate court in each county Of this
STAGE shall, when necessary, appoint
guardians of minors resident in such
county.
Sec. 2. A guardian may be appointed
to take charge only of the estate of a
minor; and at the time of, or subsequent
ly to the appointment of such guardian
TO any minor having neither father OF
mother, or whose father and mother are
both unsuitable persons to have the 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 a guar
dian to have the custody and provide for
the maintenance aud education of such
minor; provided, however, that it he
powers of the person appointed guardian
be not limited by the order of appoint
ment, the person so appointed shall be
guardian both of the person and estate
of the ward; aud the court shall In every
instance appoint a guardian both of the
person and estate Of the ward, unle-s the
interests of the mieor will, in the opiD-
ion of the court, be pco@oted by the
D ,intment of separate guardians as
herein before prescribed.
Sec. 8. No person who may have been,
or shall be, an administrator on an es-
tate, or executor of q last will and tesla
menu shall. be appointed a guardian Of
the person and estate, or of the estate
only, of any minor who shall be inter
ested in the estate administered upon,
or-uho shall be entitled to any interest
under or by virtue of such last will and
Testament; but an executor or admins
traitor may be appointed a guardian of
the person only of any 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 appointed; but
if such minor shall fail to select o suit
able person, an appointment may be
made without reference to the wishes of
such minor. A minor shall not, in any
instance, have the right to select one
person to be the guardian of his or her
estate only, and another person to be
guardian of his or her person only, un-
less the court having the power Of ap-
poiutment shall be of option that the
interests of such minor will be promoted
by the choice and appointment of such
separate guardians, instead of one guar
dian both Of the person and estate.
Sec. 5. When q guardian has been
appointed for any minor before he or
she shall have attained the age for max
ing . selection as fixed in the last pre-
cedIng section, the powers OF such guar.
dian 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, aud the person SO selected is duly
appointed and qualified, the powers oil
the guardian previously appointed shall
cease, and thereupcn the dnai account OF
such guardian shall be filed and settled
in the proper court.
Sec. 6 Before any person shall be
~apnoirted Guardian Of the person AID
esfa.e. or .Jf y estate ouly, Of any MI
nor. he SD II fie .u the office OF the
court having such appointment to make,
statement of the whole estate OF SAID
miDor, aud the probable value thereof,
and also The probable annual rents of
such minors real estate, and shall Veri-
fy the same by affidavit, and shall give
bond with freehold suretes, payable to
the state of Ohio, in double the mount
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 minority; which
bond shall be conditioned for the faith
full discharge of the duties of said per-
son as such guardian, aud shall be ap
proved by the court making such appoint
Hent, and such persoa shall also take
an oath thathe will faithfully and honest
ly discharge the duties devolving upon
him as such guardian.
Sec. z. Before a person is appointed
guardian to rave the custody, mainten-
1nue and tuition-of a minor, without the
right to take charge of the estate of
such minor, he shall give bond indouble
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 bad charge of the es
tate of his ward, and he shall take the
same oath as is prescribed In section six.
Sec 8. Exceptions may be filed III
khe proper court, by any person on be-
half of aoy aainer fer whom a guardian
has been or may be appointed, to the
bond of such guardian, as to the suf-
fciency of the amount of the penalty
terheof, OF the sureties therein; where
upon notice shall be given to such guar
dian to appear before said court within
q reasonable time, not exceeding ten
days, and show cause against the allow
Anee Of the exceptions; and upon the
hearing of such exceptions, the court
may dismiss the same, or require such
Guardian to find additional sureties or
security in q 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, of its W motion, such guar
dian to give additional bond whenever,
in the opinion of said court, tho inter
ests of the ward of such guardian shall
demand the same.
Sec 9 No bond executed by q guar
dian after this act shall take effect shall
be void, or held invalid on account OF
any iuformality or illegality in the ap-
pointment of such guardian; but such
bond shall have the same force and ef-
fect e. if such appointment had been
legally made and such bond executed in
-nroper form.