True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-05-05


shall have the custody of the person and
the control of the education Of such
minor.
Sec. IL. Ths marriage Of a ward. if a
female, shall determine The guardianship
Of the person, but not as to the estate Of
such ward.
Sec. lS. When a guardian has been
appointed by will, by father or mother
of any child. such guardian shall be enti-
tied to preference in appointments over
all others, without reference to his place
OF residence. or the choice Of such minor,
but his appointment, duties, powers and
liabilities shall in all other respects be
governed by the law regulating guardians
not appointed by will. except as otherwise
provided in the act relating to wills, pas
sed May 8. 1852.
Sec. Ia. The following shall be the
duties Of every guardian of any minor
who may be appointed to have the custody
and take charge of the estate of such mi
nor, to wit: First-to make out and file,
within three months after his appointment,
full inventory, verified by oath, of the
real and personal estate of bis ward, with
the value of the same, and the value of
the yearly rent of the real estate; and fail
ing so to do, it shall be the duty of the
proper court to remove him and appoint
successor. Second-To manage the
estate for the best interests of his ward.
Thrd-To render on oath 10 the proper
court an account of the receipts and ex-
penditures Of such guardian, verified by
vouchers of proof, at least once in every
two years; end failing SO TO do. he shall
receive no allowance for services. Fourth
AT the expiration of his trust, fully to
account for and pay over to the proper
person all of the estate of said ward re-
naming in his hands. Fifth-To pay all
just debts due from such ward, out of the
estate in his hands, and collect all debts
due such ward; and in case of doubtful
debts to compound the SAME; and appear
for and defend, or cause to be defended,
all suits against such ward. Sixth when
any ward has no father or mother, or
having father or mother, and such pa
rent is unable or fails TO educate such
ward, it shall be the duty Of his guardian
to provide for him such. education as The
amount Of his estate may justify. Seventh
TO loan the money Of his ward within
a reasonable time after he receives it, and
the payment of The money loaned shall be
secured by a mortgage on real estate or
double the value of the money loaned,
exclusive of buildings or other improve
ments, timber and minerals in or upon
such real estate, or upon the purchase or
pledge of the certificates of the funded
debt Of this stale: and he shall at esch
settlement, account for all the interest he
may receive on the money so loaned; and
If he fail to loan the money of his ward
within each Q reasonable tine, he shall
account on settlement for such money and
interest thereon, calculated with annual
rests. Eighth-To obey and perform all
the orders and judgments Of the proper
court touching the guardianship.
Sec. l5. When guardian is appoint
ed 10 take charge only of the estate of a
minor, his duties shall be the same as
those specified in the fourteenth section
of this act, except that he shall not be
required to perform the sixth duty therein
when guardian Of the person
of such minor has been appointed.
Sec. l6. When II guardian is appointed
to have the custody, maintenance and
education of minor, his duties shall be
as follows: First--To protect and con-
troll the person of his ward. Second
To provide suitable maintenance for his
ward, when necessary, which shall be
paid out Of the estate of such ward in the
hands of the guardian of such estate, upon
The order OF the guardian of the person of
such ward. Third--When such ward
has no father or mother, or having fa-
ther or mother and such parent is unable
or fails TO maintain or educate such ward,
it shall be the duty of the guardian so
appointed to provide for him such main.
tenance and education as the amount of
his estate may justify. which shall be
paid out Of the estate of such ward in the
hands of the guardian of such estate,
upon the order of the guardian of the
person of such ward. Fourth--To obey
and perform all the orders and judgments
of the proper court touching the guardian
ship.
Sec. II. The probate court may at any
time remove such guardian, he having
thirty days notice thereof. for habitual
drunkenness, neglect of his duties, in
competency, fraudulent conduct, removal
from the county, or any other cause
which, in the opinion of such court, rem
ders 1t for the interest of the ward tina,
such guardian be removed; the removal
from the state Of any person who has
been heretofore or who may hereafter be
appointed guardian, shall OF itself deter
mine the guardianship of such person,
and when any infant for whom guardian
has been or may. be appointed in this state,
shall remove tO another state or 10 terri
tory, and guardian of such infant shall
be there appointed, upon the presentation
Of satisfactory evidence Of such last men
toned appointment to the court in this
state making the first named appointment,
such court may remove such guardian i'll
this state, and compel settlement of the
accounts of such guardian.
Sec. ls. Any surety Of guardian may
at any time. apply to the proper probate
court TO be released from this bond With
such guardian, by filing his request there.
for with the judge of such court, and Civ
ing ten days notice 10 such guardian when
such court shall please such surety, and
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