The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1858-06-10
WHOLE NUMBER $50


or whenever the real estate ofsuch minor is
suffering unavoidable waste, or better In.
vestment OF the value thereof can be made,
and the court shall be satisfied that sale
thereof will be for the benefit Of any minor,
the probate court may, on the application Of
such guardian, order the real estate Of such
minor, or part thereof, TO be sold.
Sec. 2s. Such application shall be By
petition, which shall set forth specifically:
First--1'he value and character OF all per-,
sonsl estate belonging 10 such ward that has
come to the knowledge or possession Of
such guardian. Eecondr-The disposition
made Of such personal estate, 1 Thifd-The
amount and condition of SUCH ,ward'sper.
sonal esta,e. il any, dependent uPon the set.
Element Of any decedent's estate, 0f the ex.
ecution fsny trust. Foufth--The annual
value OF the real estate Of lbe ward, with q
pertinent description Of such real esfete.
Fifth--The amount ofreptTeceived and the
application thereof. Sixth-The proposed
msnner of reinvesting the proceeds Of the
sale, If asked for that purpose. Seventh
Each item Of indebtedness, or the amount
and character Of the lien, if the sale is pray.
ed for the discharge thereof. Eighth--The
age of the ward, where and with whom re-
siding. Ninth-If there be no personal es@
tate belonging to such ward in possession or
expectancy, and none has come into the
hands of such guardian, and no rents have
! been received. the fact shall be stated in the
in tie petition. 4
SEC. "a. Upon such petition being fled,
verified by the oath Of the guardian, the
court shall order the petitioner to give mo-
tice to his ward, who shall be defendant to
the petition, of the fling and demand theft-
o.; and the time when the same will Ge
heard, in such manner as to the court shall
seem reasonable and proper.
SEC. 25. At the time appointed for the
hearing of said petition, and upon being sat
isfied that the notice named in the last pre-,
ceding section has been given, and that such
real estate ought to be sold, the court shal
appoint three freeholders of the connty,
who are not of kin TO the petitioner, to np-
praise said real estate. =.
Sec. 26. Said appraisers shall take an
oath to truly and impartially appraise said
real estate at the fait cash Val5e, which oath
shall be indorsed on the certificate of their
SEC. a.. Upon the Apptaisetaeht OF sbia
real estate being filed, signed by said ap-
praisers, the court shall require such guar
dian to execute bond, with sufficient free
hold sureties, payable to the state of Ohio,
in double the appraised value OF such real
estate, with condition for the faithful dis
charge Of his duties, and the faithful pay.
ment, and accounting for, of oil moneys
arising from such sale according to law. -
SEC. %. Upon such bond being filed and
approved by the court, the court shall order,
the sale OF such real estate, ptoviaing in the
order for reasonable notice of such sale, and
the credits to be given for the payment of
the purchase money; and the deferred pay
ments OF tho purchase money shall be se'
cured by mortgage, executed by the pur+
chaser upon the real estate sold, and they
shall bear interest at the rate. Of six per
centum per annum, from the day of sales
payable annually. e.. e.. j, ~,
4 SEC. 90. Upon the return day OF the
order Of sale issued BY the court, such guar;
dian shall make report Of the sale. by him
made; whereupon the .Ebhrt, on being sats'
fed that such sale was fairly and legally
made, shall confirm the same, and order the
petitionet 10 execute deed of conveyance
for the real estate so sold, upon the pnr-
+ chaser securing the deferred payments Of
the purchase money in the manner pre-.
sCItueu III lust GCOpSu'y
! SEC. 80. Every guardian shall be al
. lowed, by the court setting his account. the
, amount Of all his reasonable expenses, inA'
+ Cured in the execution Of bis trust;, and
also such compensation for his. services as
r the court shall deem reasonable. = ga.
Sec. al. The settlement made in the
probate court Of the accounts Of guardian
: shall be final between him and his ward /,
!. unless an appeal is tasen therefrom to the
,. court of common pleas in the manner pro-
J.. vided by law; saving, however, to any such
n ward the fight of opening and reviewing
f such settlement, for fraud or manifest mis-,
!: tahe, BY petition filed in the form prescribed
h in the court [codel of civil procedure OF THE
e State; 10 the probate court in which such
:. settlement was made, or the probate court
;. of the county where such guardian may re-
). side when the petition is filed, at the option
= OF the plaintiff in such action, at any time
a within two years after the said ward shall
n arrive at full age. Service shall be made
n upon the defendant to sGch petition In the
j. mode prescribed 81 said code, and oil pro.
g ceedngs had upon such petition shall be
s governed BY said code, 30 far as the same
4 may be applicable, An appeal shall be al
}. lowed from the final order or judgment Of
the probate court in such proceeding, in the
! same hammer os in other cases or proceed
E iugs m which. appeals ore allowed from the
h probate courts to the court of common
h pleas.
IS Sec. 80. Minors living out Of this State
It and owning lands within the same, shall be
;. entitled to the benefit Of this act; +aRd guar
# dians of minors residing out Of this State
A. who have been appointed according TO the
II laws of the State or Territory where they
,s may reside, shall have the right to bring and
,e maintain actions and enforce the collection
N Of iudments, rendered In such actions In their
n. favor in the same manner and to the same
,e extent that they could do il they had been
appointed under the laws Of this State, upon
:. giving security for the costs which may ac
a. crue in such actions, in the same way othel
Sa non-tesidents are obliged to do under the
n laws of this State. All applications for the
+ sale of real estate by guardians to minors
j., who live out of this State, shall be made iI
he the county I'M which the land is situate; Of
- il situate in more counties than one. then y
"a one of the counties in which part OF sucl
en- real estate is situate; an additional securit,
n. shah be required from such guardian Q
on guardians, when deemed necessary, ant
er such as may bc approved by the Prcoat'
le.Ecourt OF the county in which such aPpllca-
%. tion is made. ~ f.
ny SEC. 80. When any guardian mas dled
"a. =. us.., ho.a ftar die haf0f0 the gettomSul