American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1858-05-20


noney Of his ward within such reasonable
time. he shall account on settlen ent for saeh
money anlinteTest thereon, calculated with |
annual rests Eight-To obey and perform |
all 1he orders aud judgements OF The proper
oonf, touching the guardianship.
Sec. Is. When guardian is appointed to
take charge ohiy of the estate Of minor hls
duties snail be the same as thUse specihed IN
the fourteenth section OF this act except that
the shall net be required 10 perform the sixth
duty therein mentioned when a guardian OF |
the persOn OF such minor has beea appointed. |
Sec. I6. Whea a guardian is appointed 10 !
have the custody, maintalnance and education |
Of minor, his duties shall be as follows
First-To protect and control the person Of bis !
ward. Second 10 provide suitable main
lainance foI his wanl when necessary which |
shsll bs paidout the estate Of such ward in |
the hands OF the guardian Of such estate, upon |
The order OF the guardian OF the pers,n ofsuch |
ward. ThiId-When such ward has no father |
OF mother, OF having father or mother and
such parent is unable or fails to maintain or
educate such ward, il shall be The duty Of the
guardian SO appointed To provide for him such
maintenance and education as the amount of
his eslatemay justify. which shall be paid out
Of the estate Of such ward in the hands Of the
tguardIan OF such estate, upon the order OF the
guardian Of the person ofsuch ward Fourth
TO obey and perform ell The orders and judge
nients Of the proper court touching the guald-
ianship.
! Sec II The probate court may al any time
IIemove such guardian. he having thirty days
n itice thereof. for habitual drunkenness neg
lect OF bis duties, ncompetency, fraudulent
conduct. rrmoyal from the comfy, or any other
cause which, in the opinion Of such court, rem
ders it for the interest Ofthe ward that such
Iguardlsn. be removed; the. removal from the
4 sinie ofany person who has been heretofore or
who may be hereafter appointed guardian.
,lshall Of itself determine the guardianship Of
such person. and when any infant for whom
a guardian has been or may be appointed in
this state, shall remove 10 another state OF
to "a territory, and a guardian Of such iufant
shall be there appointed, upon The presenta
ton OF satisfactory evidence of such last men
\ TONED appointment 10 The court in this state
making the first named appointment, such
court may remove such guardian in this sta e,
and compel q settlement Of the accounts Of
such guardian.
Sec. 8. Any surety Of guardian may, a.:
any time, apply to the proper probate court to
be released from his bond with such guardian,
by fling his request therefore with the Judge
Of such court, and giving ten days notice TO
such guardian, when such couI. shall release
such surety, and if such guardian fail to give
be removed and his letter superceeded, but
such original surety shall not be released un-
I'll such guardian so gives bonds, and such o.
riRinal surety shall be liable only for the acts
ofsuch guardian from the lime Of The execu-
tion OF the original bond to the filing and op.
pI9yal ythe court Of such new bond.
Sec 10. Tie court by whom any guardian
has been or may be appointed may, for reasons
satisfactory 10 such cour, accept the restgna-
,ion ofapy such guardian. and appoint snoth.
, eT in. bis stead. q If no El
Sec. 90. 1t shall be the dntyof the court
by whom any guardian has been or may be ap
pointed. to enforce the return. at the prescTb-
edtimes, OF oil inventories and accounts re-
; quired to be filed IL such court by such guard
ian, and rlso to enfor,e The performance Of all
oihet duties devolving upon guardans appoint.
ed by such court either withot without com
paiut being first made, and theTruponto make
and enter such judgements and orders az may
be requisite In any case 10 promote the faith
ful,and correct discharge Of the duties Of such
. guardians. or 10 preserve the estate OF minors
for whom such guardians may have been oil
shall he appointeds kur egun
Sec. 81. Any bond given by any guardian
may be put in suit by any person entitled d
he estate, upon the breach of the condition oil
s1ch bond. Such suit may be brought in the
N name OF the person who is entitled to the cs
e late. .v..s tlala t-.asr. - st.,frB ,..-'... . K
: Sec. %, Whenever necessary for the edu,
y cation, support OF payment Of The Just debts o.
\ ! amy MINOR, OF Tor the discharge OF any liens OF
y the real estate ofsuch minor, or whenever tn,
c real estate OF such MINOR Is suffering unavoid
y able waste, or better nyestnie nj Of the valu,
thereof can be made. and the court shall b,
: satisfied that sale thereof will be for the ben
y eft Of any minor, the probate court may, oI
. the application Of such guardian, order III,
. len estate ofspch m.no5 or5a part thereof, Il
be sold. s 2 ~ 49, r Z
e Sec. %. Such application shall be by ne III
{ lion, which shall be SET forth specifically
! Fnst7r The value and character Of all persona
{ estate belonging 10 such ward that has come L
. the knowledge or possession OF such guardian
!, Second--The disposition made OF such person
y nj estate. Thrd--The amount and condition
J, OF such wards personal estate, any, depend
e ent upon the settlement OF any decedenPs es
{ ale, Or the execution Of any trust Fourth
0 The annual value Ofthe real eststs Of tn,
ward, With pertinent description OF sucl
y real estate, Finh--The amount OF rent re
u celved and the application. thereof. Sixth
The proposed manner Of re envesting the pro
cecds Of the sale, ifasked Tor that PuTpose.- =
Seventh--Each item Of Indebtedness, OF the
amount and character Of the lien, II the sale is
: prayed tor the discharge thereof. Eighth
Phe Rge OF The ward, where and with whom
residing Ninlh--lf there be no personal es
tate belonging 10 such ward IN possession o.
eypectnney, and none has come into the hand,
Ol such guardian, and no rents have been re
{ ceived, the fact shall be statedin the petition
See. 81 Upon such petition being filed
verified BY the oath OF the guardian, the codr
shall order The petitioner TO give notice to his
: wM,b who shall be deiendantto to The petition
! Of the filing and demand thereof, and the time
when The same will be heard, in such manner
Z as TO the court shall seem reasonable aud prop
er. NkFA "a EgEHrW aYErRg
Secs 2o. Attic time appointed for THE
Y henring ofsad petition. and upon being salts
p fed lh0llhe notice named inl he last preceding
y seOlipR has been given, aud that such real es
tate 0ughttO be sold, the court shall appoint
. three freeholdets ofthe county. who are not o
kin TO the petitioner, 10 appTaise said real ca
{, late. 'sa 'l'' t'-'
e Sec 90, Said appralsers shall take an oath
ltoiruely and impartially appraise said real es
j. tate ntthe fair cash vnlue which oath shall be
y Endorsed on the certificate OF their appoint
lment. af ta7a... ...s ..-,
See. 27. Upon the apnrasement OF said
b real estate being filed, signed by said appras
ers, he court shall require such guardian "a
r. execute bond. with sufficient ireehold sure
x ties. payable 10 the State of Ohio. in double
the appral,ed value ofsucb real estate, with
;. condition ior the faithful discharge Of his du
Ties, aud the faithful payment aud accounting
a for, OF oil moneys arising from such sale ac'
!. coldipg, TO law,
= Sec sS Upon such bond being ,h,ed ans
4 approsoh by the oouIt, the couTtshall order Ia,
~ sale Of such Iepl estate, providing in the orde
4, FOR reasonable notice Of such sale, and I'll,
aea,iiia m he Qivan foF The aaVms nj of ha Mn