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

, any time remove snch guardian, I
having thirty days notice thereof, Fl
habitual drunkenness, neglect of his dt
ties, incompetency, fraudulent condue
removal from the country, or any othe
cause which, in the opinion of sue
court, renders it for the interest of til
ward that such guardian be removed
the removal from the state of any per
son who has been heretofore or VIII
may be hereafter be appointed guardian q
shall of itself determine the guardia n
hip of such person, and when any in
iant for whom guardian has been O
may be appointed in this state, shall &c
move to another state or to territtfc
| and gtrardian f-such fnfaut shafi 6,
there appointed, upon the presentation
of satisfactory evidence OF such last men
toned appointment to the court in thi:
state making the first nam ed appcin ntment
such court may remove such guardian
in this state, and compel settlement Of
the accounts of such guardian.
SEC. 19. Any surety of guardian may,
at any time, apply to the proper probate
court to be released from his bond
with such guardian, ,iby filing his request
therefor with the judge of such guar
dian, when such court shall relese such
court, and giving ten days notice to such
surety, and if such guardian fail to give
new bond, as by such court directed, he
shall be removed and his letter superce-
ded, but such original surety shall not
be released until such guardian so gives
bonds, and such original surety shall be
liable only for the acts of such guardian
from the time of the execution of the
original bond to the filing and approval
by the court of such new bond.
SEC. 10. The court by whom any
guardian has been or may be appointed
may, for reasons satisfactory to such
court, accept the resignation ofany such
guardian, and appoint another in his
stead
SEC 20. 1t shall be the duty of the
court by whom any guardian has been
or may be appointed, to enforce the re-
turn, at the prescribed times, of all in
ventories and accounts required to be
fled in such court by such guardian, and
also to enforce the performance of all
other duties deyolving upon guardians
by such court, either with or
without complaint being first made, and
thereupon to make and enter such judy
ments and orders as may be requisite in
any case to promote the faithful and cor
rect discharge of the duties of such
or to preserve the estate of
minors for whom such guardians s.as.
have been or shall be appointed
Sec. 21. Any bond given by any
guardian may be put in suit by any
person entitled to the estate, upon the
treach of the condition of such bond
Such suit may be brought in the name
of the person who is entitled to the cs-
tate.
SEC. %. - henever necessary for
the education, SUPPORT or payment OF
;he just debts of any minor, or for the
discharge Of any liens on the real estate
pi such minor, or whenever the real es-
tate of such minor is suffering unavoid-
a:,le waste, or u better investment of the
value thereof can be made, and the
court shall be satisfied that sale there
OF will be for the benefit of any minor,
the probate court may, on the applica-
ton Of such guardian, order the real es-
tate OF such minor, or part thereof, to
be sold.
SEC. %. Such application shall he
by petition, which shall set forth spec
ideally: First-The value and charac-
ter OF all personal estate, belonging to
such ward that has come to the knowl-
edge or possession of such guardian
disposition made of such
personal estate. Third-The amount
J
estate, if any, dependent upon the set
tlement of any decedent's estate, or the
execution of any trust. Fourth-The
annual value Of the real estate of the
ward, with pertinent description of
such real estate. Fifth-the amount of
rent received and the application there
of. Sixth-The proposed manner of
reiuvesting the proceeds of the sale, if
asked for that purpose. Seventh-Each
item of Indebtedness, or the amount
and character of the lien, if the sale is
prayed for the discharge thereof Eighth
The age of the ward, where and with
whom residing. Ninth-if there be no
personal estate belong to such ward in
possession or expectancy, and none has
come into the hands of such guardian,
and no rents have been received, the
fact shall be stated in the petition.
Sec. 24. Upon such petition being
filed, verified by the oath of the guar
dian, the court shall order the petition
er to give notice to his ward, who shall
be defendant to the petition, of the FL
ing and demand thereof. and the time
when tn; same will be heard, in such
manner as to the court shall seem reas-
enable and proper.
SEC. 20. At the time appointed for
the bearing of said petition, and upon
being satisfied that the notice named in
the last preceding section has been Civ
en-, and that such real estate ought to be
sold, the court shall appoint three free
holders of the county, who are not OF
kin to the petitioner, to appraise said
real estate.
SEC. 26. Said appraisers shall take
an oath to trul y and impartially ap.
praise said real estate at the fair cash
value, which oath shall be indorscd L
the certificate of their appointment.
SEC. 27. Upon the appraisement O
said real estate heinz fled stoned hy