Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-05-14
[ No. 67.l AN ACT
Concerning the Relation of Guardians and
Ward

| fNo. 81. AN ACT
Concerning the Relation of Guardians an
! Ward.
Sec. /. Be it enacted BY the Gener.
Assembly of the State Of Ohio, That III
probate Court IN each county of thts SER
shall. WREN necessary. appoint euardiaria !
minors resident IN saek eoraty.
Sec 2. A guardian mat be uprosnsed I
take charge only of the estate Of ltitsot
and at the time Of. or subsequently, TO Ia
appointment Of such guardian 10 any frfto
having neither fdzher or neither, or who's
father aff3 mother are both unsuitable pes
sons to have tie custody and tuit iozF ef sAcl
minor. or whose interest will. for any oshe
Cause in the opinioa OF the court, be ore
NOTED thereby, the court may also appoint
gaardian 10 have tire cststody and provide 70
the maintenance and education Of swck ,rs
nor; provided however, that If the power @
the person appointed guardian be not iimite.
oy the order Of appointment, the person 8.
appointed shall be guardian both of the per
son and estate OF the ward; and the court
shall IN every instance appoint guardian
both OF the person and estate of the ward
unless the interest of the minor will. in ths
opinion of tie coflrf, be promoted by tbs
appointment of separate guardians as here,
in befofe prescribed
Sec ;. No person ~ ho nfay have been, on
shall be, an administrator on an estate. or ex.
&c sfor Of a last will and testament, shall be
appoftssed guardian Of the person ard es-
tate, or Of the estate only. of any minof who
shall be interested ia the estate administer
ed upon, or who shall be etSieled to any in
te'est szAdef 81 y sittae of such fsss viii and
Testament; BIT all executor or administrator
may be appointed geardaa Of the person
only OF mirror.
Sec. a Amy hFale iafanf ovef The sae
OF fourteen 3ears, q d fenvate 7ksan osef
tie age Of twelve yegrss slssH hate Tie right
to select guardian; who, If ssesssse pef<
son. shall be appointed; but If such tY3se9
sffnN fail to select suitable person, an ap-
poinsit'ess rsay be trade without reieYrsc4
to the wishes of sach minor n uyfrsoY slsapl
not, IA any instance, have the rigiA 90 se-
lect one person to be ttte guardian of his or
her estate only, and another person to be
the guardian of his or her person only, un-
less the court having the power Of appoint
ment shall be Of opinion that The interest Of
such minor viii be promoted by the choice
and oppoinsmen: Of such separate guardians,
of one guardian both of the person
and es.nte.
Sec. 5. When guardian has been ap-
pointed for any minor before he or she shall
have attained the age for making seiec-
ton, as fixed in the last preceding section.
the power of such guardian shall continue
until the ward shall arrive NJ the age o. ma
ority, unless such guardian be sooner re-
moved for good cause, or such ward shall se-
ect another suitable guardian. After such
selection is made and approved by the court,
and the person SO selected is duly appoint
ID and qualified. the powers of the guardian
previously appointed shallcease and there
lPon the final account Of such guardian
shall be filed and settled in the proper
court,
Sec. 6. Before any person shall be ap-
pointed guardian of the person and estate,
'r OF the estate only. or any minor, he shall
ile in the Office of the court having such ap-
,ointment to make, & statement of the
whole estate of said minor, and the probable
,f such minors real estate, and shalt verify
he same by affidavit, and shall give bond
With freehold sureties, payable 10 the state
Of Ohio, in double the amount Of The per
sonal estate belonging to said minor, and al
10 Of the gross amount of rents that will be
received by The guardian from tile
'eol essuie Of said minor during his or bef
minority; which bond shall be Conditioned
or the faithful discharge of the duties of
5aid persons as such guardian, and shall be
approved by the covrt making stsch appoint
Yehi; and such person shan also take an
,s,h that he viii faithfully aid koriestiy dis
;harge The dusies deyolVing tpon hin! as st'ch'
guardian.
Sec. 2 Before q person 10 appointed gadfJ
lian to have the custody, nainienaHce and
uitiorf OF minor without the right to take
charge of the estate of such minor, he shosl
yive bond in double the pfobabie expenses OF
and ed9caisng sect minor during
NE year. In all other respects Ills bond
hall be the same as il be had charge oi the
state Of his ward, and he shalFtaiee the ss,Fe
'atfl us is prescribed In section sfx
Sec. g. Exceptions may be flied in the
roper court, by any person OF belsah Of aBs
minor for whom guardian has been or may
,e appointed, to the bond OF such guardian,
Is 10 the sufIiciency Of the ausount of the
,enalty thereof, or the sufeties sEfefesn Il
shereupon notice slfsh be giser to such
Guardian To appear before ssaa ccsft within
esonabie tirae, not exceeding ten fsYs. and
how capse against the allowance OF suclT |
xeepfiofis; and upon hearing such cxcep- /
ions, the court muy dismiss the same, or re-
Iuire such guardianto find addFsSonai surety |
n securities ~ e larger amount or raa Re |
uch other order as the case uiay reqlfre-l
fnd it shBsY be tire duty of the cpurt by |
shous asy guardian IS appointed, TO require,
{ its own motion, such guardian To give s53i- |
iosHt bond whenever in the opinion of ssvd /
ourt, the interests of the ward OF ssFets gGa:- /
ian shall demand tie same.
Sec. Q. No bondexccuted by gnardiaR !
fies stfs act silaff take effect shall se void t
r held invalid on account of any intormality |
d the same, nor on account of any intor-'
lality or illegaliiy IN the sppoaps1eot of
uch guaydsas; bu, The bond shall have the |
anne force aud effect as il such appointment !
,ere legally made aud such bond executed |
n proper form.
Sec. 10. When the same person shHli
e arpoinea the guardian of several nj
ors. sach person shall execute separate
ord as the guardtsD of each OF sscl+ mi.
ore.
Sec. ~. Every person appointed guar
ian Of both person and estate Of minor,
hall have the custody and tuition Of his |
yard. and the management of such ward's /
state during minority, unless scorer re-
bowed or discharged from sucb trust, or the
'uardi1rshap shall sooner determine from
ny OF the caUses specified in this as,i pro
ided. that the futhcr of such minor, or if
here be N, father, the mother. il suitable
espec,isely, shall have the custody of the
'ersun and the control OF the eduesfion OF