The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-10-27
LAWS OF OHIO.


tition, Which shall set forsh specifically:
FirBt-Tbc value ard character Of all person.
al estate belonging to such ward that haa
to the knowledge or possession OF such
such personal estate. Third-Thc amount
and condition Of such wards personal estate.
if any, dependent upon the settlement Of any
d~ecendents estate. or the execution Of any
trust. Fourth-The annual value Of the real
estate of the ward. with q pertinent descr.p.
of rent received and the application thereof.
Sixth-The proposed mann,r of reinvesfing
the proceeds Of the sale. il asked for that pur-
poae. Seyenth-Each item Of Indebtedness
or the amount and character Of the lien, il the
sale ia prayed for the discharges thereof
Eighth-The nge of the ward. where and with
whom residing. Ninth--1f there be no per
eonal estate belonging to such ward in posses
sion or expectancy, and none has come into
the hands of such guardian, and no rents
have been received, the fact shall ba stated in
the petition.
SIC. "a. Upon such petition being filed
verified by the oath of the guardian, the couIt
shall order the petitioner to give notice to his
ward, who shall be defendant to the petition
of the fling and demand thereof, and ths
time when the same will be heard, in such
manner as to the court shall seem REASONABLE,
and proper.
SIC 55. At the same time appointed fol
Inc 0eAfiuR OF 6alO DeLlllOu, anu uDOu Dcl0k
satisfied that The notice named in the lasl
preceding section has been given, and tina
such real estate ought to he sold, the cour
shall appoint three freeholdere of the county
who are not of kin to the petitioner, to aP
praise said real estate.
SEC. Sc. Said appraisers shall take an oati
TO truly and impartially nppraise said rea
cstate at the fair cash value, which oath shall
be endorsed on the certificate of their appoint
mcnt.
SEC. 81. Upon the aprraiscment Of said
real estate being filed, signed by said sp-
Praisers. the court shall require such guardian
to execute q bond, without sufficient freehold
s~ureties. payable to the state of Ohio, in dou'
BILE the appraised value of such real estate,
with condition for the faithful discharge Of
us duties, and the faithful payment, and &C.
counting To-; of all moneys arising from such
sale according to inv. ,
SEC. %. Upon such bond being filed and
approved by the count. the court shall order
the sale of such real estate, providing 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 payments
of the purchase money shall be secured by o
mortgage, executed by the purchaser upon
the real estate sold, and they shall bear inter
est at the rate of SIX per centum per annum,
from the day of sale, payable annually.
SEC. 50, Upen the return day Of tie order
of safe izsued BY the court, such guardian
shall make report of the sale by him made /;
whereupon the court, on being satisfied that
such sale was fairly and legally made, shall
confirm the same. and order the petitioner to
execute a deed of conveyance for the real
estate SO sold, upon the purchaser securing
the deferred payments of the purchase money
in the manner prescribedin the last preceding
section.
SEC. 30. Every guardian shall be allowed,
by the court settling his account, the amount
of all his reasonable expenses, incurred in the
execution of his trust. and also such compen-
sation for his services as the court shall deem
reasonable.
SEC, 81. The settlement made in the pro-
bate court of the accounts Of 6 guardian shall
be final between him and his ward, unless an
appeal is taken therefrom 10 the court of COM
mon pleas in the manner provided by law /:
saving, however, to any such ward the right
of opening and reviewing such settlement. for
fraud or manifest mistake, by petition filed in
the form prescribed in the court fcode] of civil
procedure of this state, in the probate court in
which such settlement was made, or the pro-
bate court of the county where such guardian
reside when the petition is filed, ut the
option of The plaintiff in such action. at any
time within two years after the said ward
shall arrive Mt full age. Service shall be
made upon the defendant to such petition in
the mode prescribed bv said code, and all
proceedings had upon such petition shall be
governed BY said code, so far as the same may
be applicable An appeal shall be allowed
from the final or judgment of the probate
court in such proceeding, in the same manner
as in other cases or proceedings, in which APP
Peals are allowed from the probate courts to
the courts of common pleas.
SEC. 30. Minors liyingo out of this state and
lands within the same, shall be emit
tied to the benefit of this act and guardians
of minors residing out of this state, who have
been appointed according to the laws of the
state or territory where they may reside, shall
have the right to bring and maintain actions
and enforce the collection Of judgments, rem
dered in such actions in their favor, in the
same manner and to the same extent that they
could do if they had been appointed under
laws of this state, upon giving security
for the costs which may aceruein such actions,
in the same way other non Presidents are
to do under the laws of this state. All
for the sale of real estate by guar
dians to minors who live out of this state
shall be made in the county in which the land
is situate or, if situate in more counties than
then in one of the counties in which n
part of such real estate is situate additional
shall be required from such guardian
DR. guardians, when deemed necessary, and
such as may be approved by the probate court
the county in which such application is
made.
SEC. 80. When any guardian has died, or
may hereafter die, before the settlement in
court of his or her guardianship account. it
shall be the duty of the executo.- or admins
traitor of such guardian to settle up said
account, in the same manner such guardian
ought to have done ; and any person having
IN interest in the settlement of such account
Dr. the court by whom such gardian was ap-
of its own motion, may by citation
. be issued. returned and proceeded upon &c.
,ording to the provisions of the act which
nay then be in force for the settlement of de-
'endent estates. compel such settlement to be
nade by the administrator or executor of any
guardian dying or having died as aforesaid.
The executor or administrator making such
settlement, shall be allowed such compensa
ION for the same, as the court with which the
is made shall deem reasonable.
SEC. 81 When any unmarried woman, who
nas been or may be appointed guardian of
any minor. shall marry, such marriage shall
not of itself determine to guardianSbip of
such woman and the probate court of the
proper county shall appoint another guardian
Tor such minor, TO which last named guardian
all the estate of such minor shall on demand.
be delivered up by such former guardian and
sne snail forthwlt render her guardianship
account to the court from which she received
her appointment, for final settlement.
SEC. IS. The probate Judge of each county
shall cause to be printed. in pamphlet form,
number of copies of this act MS he NAV
deem necessary, and he shall furnish to every
person by him appointed guardian one Of
sand copies and such guardian shall pay to
said judge the actual cost thereof.
SEC. 36. The act entitled an act for the ap-
pointment of guardians, ..passed February 6,
1924; the act to amend the same, passed
March 3. 1895 the net to amend the first
mentioned act, passed March 7, 1912 also,
The act to amend the first mentioned act, pass
ed February %, 1886. be and the same are
repealed Provided however, that the
repeal of said acts shall not effect am nets
done, or rights acquired. or any sui4, action,
matter or proceeding, commenced and pend