Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1858-06-01

,--Ts -'tfN NJ
pointed.
See. 81. Any bond Kssyn ty,sny guar
dian may be put in suit by any person en-
titIed 10 the estate. upon the breach Of the
condition Of such bond. Such suit may
be brought in the name Of the person who
is entitled to the estate.
Sec. *. Whenever necessary for the sup +
port, education orpay mentof the justdebts
Of any minor, or for the discharge OF any /
liens or the real estate of such minor, or
whenever the real estate of such minor is
suffering unavoidable waste, or a betterin-
vcsment Of the value thereof can be made,
aud the court shit be satisfied that a sale
thereof will be for the benefit oi any minor, !
the probate court may, on the application
Of such guardian. order the real estate OF
such minor, or a part thereof, to be sold.
Sec. % Such application shalhbe by
petition, which shall set forth specifically;
First-The value and character of all per-
sonal estate belonging to such ward that
has come 10 the knowledge or possession
Of such guardian. Second-The dispose
ton made of such personal estate. Third
The amount and condition ofsuch wards
personal estate, il any, dependent upon
the settlement OF any deccdents estate, or
the execution of any trust. Fourth--The
annual value of the real estate of the ward,
with pertinent description of such real
estate. Fifth-The amount Of rent re-
ceived and the application thereof. Sixth
The proposed manner of rc-investinS
the proceeds Of the sale, If asked for that
purpose Sevcnth--Each item of indebt-
edness or the amount and character Of the
lien, il the sale is prayed for the discharge
thereof. Eighth-'Iho age Of the ward.
where and with whom residing. Ninth
IF there be no personal estate belonging
to such ward in possession or expectancy,
and none has come into the hands ofsuch
guardian, and no rents have been received,
the fact shall be stated in the petition.
Sec. "a. Upon such petition being filed,
verified by the oath of the guardian. the
court shall order the petitioner to give no
tice to his ward, who shall DO defendant
to the petition, of the fling and demand
thereof, and the time when the same will
. be heard, in such manner rs to the court
shall seem reasonable aud proper.
: Sec. 25. AT the time appointed for the
! hearing Of said petition, and upon being
satisfied that the notice naHied IN the last
. preceding section has been given, and thai
9 such real estate ought to be sold, the court
shall appoint three treeholders of she coun.
: ty, who arc not of kin to the petitioner
n to appraise said real estate.
n Sec. 96. Said appraisers shall take AZ
oath to truly and impartially appraisc said
real estate at the fair cash value, wh'cl
/. oath shall be iiIdorsed on the certificate o
. their appointment.
!. See 27. Upon the appraisement o.
= said real estate being filed. signed by said
appraisers, the court shall require such
q guardian to execute bond, with suffi
cient freehold suretics, payable to til,
4 State Of Ohio, in double the appraised
: value of such real estate, with condition
: for the faithful discharge OF his duties, ant
|. the faithful payment, and accounting for
i. of all moneys arising from such sale &C
cording to law.
d Sec. es. Upon such bond being filet
/. and approved by the court. the court shal
IS order the sale of such rerl estate, provi
Dl ding in the order for reasonable notice Q
\ such sale, and the credits to be given fu
|. the payment Of the purchase money; an
It tho deferred payments Of the purchas
Of MONEY shall be secured by NOR, gage, cx
:. ecuted by the purchaser upon the real es
N tate sold, and they shall bear interest (
10 the rate Of six per cen:um per annun
or from the day Of sale, payable annually.
ls Sec. 60. Upon the return of the or.ls
n of sale issued by the court, such guardia
ID shall make report of the sale by him made
ID whereupon the court, on being satisfie
~ that such sale was fairly and legally mad'
- shall confirm the same, and order the p,
r.. titioner to execute deed OF conveyant
he fer the real estate SO sold, upon the Du
d. chaser securing the deferred payments
,r- the purchase money in the manner pr
,rt scribed in the last preceding section.
Sec. 80. Every guardian shall be a
at lowed, by the court settling hs accouu
ng the amount of all his reasonable expense
lal incurred in the execution Of his trust ar
NJ also such compensation for his services
I'm the court shall deem reasonable.
IN Sec. 81. The settlement made in Il
Tor probate court of the accounts of a qua
ian dian shall be final between him and h
ate ward, unless an appeal is taken therefro
or to the court of common pleas in the ma
an ner provided by law; saving, however,
mp any such ward the right of opening al
Tor reviewing such settlement, for fraud
'p- manifest mistake, by petition filed in t
to form prescribed in the court code
ar civil procedure Of this State, in the pr
ap- bate to;;rt in which such settlement W
lis, made, or the probate court of the coun
ned where such guardian may reside when
ak petition is filed, at the option OF the plai
icii Tiff in such action, at any time within u
his years after the said ward shall arrive
ac- full age. Service shall be made upon
defendant to such petition in the me
ay, prescribed by said code, and all proce,
'ate ings had upon such petition shall be e
nth erned by said code, SO far as the same n
re be applicable. An appeal shall be allow
;ly- from the final order of judgment Of
lan' probate court in such proceeding, in
ETY., same manner as in other cases or procei