Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-05-06

sufficient freehold sureties, payable t
the State of Ohio, in double the ar
praised value of such real estate, wit
condition for the faithful discharge {
ms duties, and the faithful payment, an
accounting for, of all moneys arisin
from such sale according to law
i SEC. %. Upon such bond bein
lhied and approved by the court, tn
sieourt shall order the sale of such rea
estate, providing in the order for reason
fable notice of such sale, and the credit
lof be given for the payment of the pur
lchase money, and the deferred payment
7fo the purchase money shall be secures
"a ee, exec uted by the purchas
3er upon the real estafe soid, ana the.
lshall bear interest at the rate of si1
centum per annum, from the day O
sale, payable annually.
SEC. 90. Upon the return day O.
the order of sale issued 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 ex-
ccute deed of conveyance for the real
estate so sold, upon the purchaser Sc
curing the deferred payments of the pur-
chase money in the manner prescribed
in the last preceding section
Sec. 80. Every guardian shall be
allowed, by the court settling his ac-
count, the amount of all his reasonable
expenses, incurred in the execution of
his trust; and also such compensation
for his service as the court shall deem
reasonable.
SEC. 81. The settlement made in
the probate court of the accounts of a
guardian shall be final between him and
his ward, unless an appeal is taken
thcrefrom to the court of common 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 peti-
ton fled in the form prescribed in the
court code of civil procedure of this
State, in the probate court in which
such settlement was made, or the probate
court of the county where such guardian
may reside when the petition is filed, at
the option of the plaintiff in such action,
at any time within two years after the
said ward arrive at full age Service
shall be made upon the defendant to
such petition in the mode prescribed by
said code, and all proceedings had upon
such petition shall be governed by said
code, so far as the same may be aprlica-
ble.-Aa appeal shall be allowed from
the final order or Judgment of the pro-
bate court in such proceeding. in the
same manner as in other cases or pro-
ceedings in which appeals are allowed
from the probate courts to the courts
of CO nmon pleas.
Sec. 80. Minors living out of this
State and owning lands within the same,
shall be entitled to the benefit of this
act; and guardians of minors residing
out of this State, who have been appoin-
ted 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
j judgments, rendered 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 the laws
of this State. upon giving security for
the costs which may accrue in such ac-
tions, in the same way other non-resi-
dents are obliged to do under the laws
of this State. All applications for the
sale OF real estate by guardians to mi
nors 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 one, then in one of the counties in
which part of such real estate is situate.
an additional security shall be required
from such guardian or guardians, when
deemed necessary, and such as may be
approved by the probate court of the
county in which such application is
IN ,de.
SEC. So. When any guardian has
died, or may hereafter die, before the
settlem ent in court Of his or her guardi
anship account, it shall be the duty of
the executor or administrator Of such
guardian to settle up said account, in
the same manner such guardian ought
to have done; and any person having an
interest in the settlement of such ac-
count, or the court by whom such guar
qian was appointed, of its own motion,
may. by citation to be issued, returned
and proceeded upon according to the
prov sions of tha act which may then be
in force for the settlement of decedents'
estates, compel such settlement to be
made by the administrator or executor
of any guardian dying or having died
as aforesaid. The executor or admins
traitor making such settlement, shall be
allowd such compensation for the samo,
as the court with which the settlement is
made shall deem reasonable
Sec. 81. When any unmarried wom-
an, who has been or may be appointed
guardian of any minor, shall marry,
such marriage shall not of itself deter
mine the guardianship of such woman,
and the probate court of the proper
county shall appoint another guardian
for such minor, to which last named
guardian all the estate of such minor
shall on demand, be delivered up by
such former guardian; and she shall
forthwith render her guardianship ac-
count to the court from which she re-
ceived her appointment, for final settle
mcmt.
SEC. 35. The probatejudge ofeach coun-
| tv shall causo tn he Drinted. in pamphlet