Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-05-14

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mount aud condition Of such wards persyEG
al estate, i any. dependent upon the settle
nent oF any decsdeDcs estate, OF tAs exc
8 cution OF any trust Fourth The s,nuSl
value o' the real estate Fifth-The a
mount q rem received and he spp1icauon
I thereof Sixth The proposed manner of
3. fe'ayeast.ie tbe proceeds u the sale. if aeksd
iof thst purpose Seyrt,th--Facb item q
indebtedness, OF he amqaht and Character
d the lin, II the sale is prayed for the d.s-
'sGarge ;sierros Eighth The age Of tbe
ward ~nere apd with whom residing
AinthF Il there be no personal estate be
iougiag 10 snch ward in possession or en-
{. pectancy, and none has come into the ha4ias
ii such guardian. and 10 rents have been
received. the tAtt stall be stated 10 the pet
!. ion:
Z Sc "a U-,oo sdcb petdsa Oeioe flied
vsrila'd by the oath Of the guardian, the
c0;s.t 81 ~ order the petitioner to give DC.
ice 10 his ward. wh5 shaii be defendant 10
! the petition, oi ths fling and demand thereof
aud th= tiHas vfsea the same viii be heard.
I ~ suct' rfaonef as % tie court shall seem
7 feats, & 5se and proper
/ Src % a. thc time spp5intea los ths
! s-eafins u $40 rstitior,. and upon 6etnasst
isfied tb4' the isotce uamed ii the last pre-
csditis SECTION has -brcI1 given. ana that's
real estate ought 70 be Sold, the court shaft
apgynt THREE freehoiders ofthe eoutty, who
are moi Of kln IL The pelitioner. 10 appraise
said real estate . .'e1
Sec ae sad stpsa.sssrs ssgs.l take q
onih TO truly aud. iinparGi.liy a2pfsiss said
read estate at the far cast v4lue, which path
sts-ll be rcse-sed on th2 certificate 81 thelr
app5intmSnt 8sse -
|. SEC. q. Ugon the sppraisgent Of sast
real eztnte being flied. signed BY SAID ap-
praisers, the Court shall require such guardf
an % Execute bond. With. sufficient free
h't So: eties, psy rbie' 10 the State of Ohio
~ dou4Ie the appraised yfiiIs of sachfreaI
estate. With condition FOR the faithfui dis-
c'aaf@e cf s-is deties, and tbs failhfui pay
rreu4, and accunt'tiug for, of all moneys ar
sipg from such saIe accosalns 10 law
Sec % Upon such bond b,ing fled ana
approved by tie court. lt.e court shall orsef
the sale ~ soeG rear estate, ptoyidinq ID tie
order fnt reasonable notice u snch sale, and
the credits 70 be given Tor the payrsent OF
the purchase a5oneys and Ia. defefssas pay.
'nents o. The purchase money shall BE sea
eafedb by a ulprtgage. executed b the sor.5
chaser upon the real estate sold. aud they
shall bear interest at the rate 81 SIX per cent
am per annun, from the day Of sale, payls
bic annaally $3
Sec. 20 Upon the ret1Fn thY q the or
der of sale issued by the court. slseh gasrdI-.
IN shall make report Of the sale bg hin
mad, wherrnper' tie eSastt, On being satis-.
tset-ilat soch gale vas fairly ana legally
made. slsals csgasfm the same. and order the
petltictfef 70 execute deed Of convey anee
for tie fet:g estate SO sid upon The purchas-.
er seeerins the deferred payments of the
parchase moaes IN the nauuer prescribed
III the Pteceatss eecs7oH
Ssc. 70. Esesgr gusrdiaa shall be al
lowed, BY the ctEFt settsng his account, the
amount Of all his reasonable expensessiaIs
cdrredi in the execution Of his trust; and Al
SO sacis compensation for his services as the
e"1frt shall deem, reasonable rM
Sec. az The settlement lusadc in. the
probate court o! the aecoan.s Of guardian
shall be fInal between hia and has ward, un-
Ices ase appeal u .aheast theseffoIa tothe court
o1 ceFhtset, pleas in The maItner provided by
law ] Swing, h9segeFs to any such ard the
right of oerfiug and reviewing such settleg
tl'eua .sfrr ifslld or fpanifest mistake BY pete
lion filed III fse form prescribed IN tfie court
leo he pot cisilsprocedBrc OF this S ate, in thu
probate eeurt whicl such settlement was
fFsssdss; ~ The probate CONT of the county
where eneh guardian may reside when the
lss a Et5E EE fsTe pfzSistis
IN sues aetiou. at any time within 70 years
after the said ward essall arsse u, FUN age
!Ssrvice shall De Inadeqhpo the defendant 10
such petition III the mode prescribed os eaid
code, and all preededngs had upon such
petition il the mode pfescribed.by said code.
sDd nil proceedings had upon such etiti or
shall be. governed hs said code, SO far as
HE sime may be applicable An appeal
shall be allowed from the i'aal order or judr
mem OF the probs':e court III such proceed
ing, IN the same manner as ID other cases
Dr proceedings n which appeals are allowed
from The probate csurI To the court ofcom
mon pleas.
Sc. 90 Minors Hving ont Of this ssase
and ow ming lands with the same. shall be ea
titled to the benefit or tlhs act. and gu9rdi-
ans OF Minors residing out OF this S ate, tghty
1ase been appointed aecordingto he laws
= the State or Territory ~heee they may
lrsitte. shall have the ght 10 bring otd MAIN
luf action and eafotce the collector Of judg--
SIC fs, renteset IL st.ci actions n tseiF fa-
'of. ia the ssm'e GYaurer and tc' the same
'xfent that they cocld do If they had been
lYpcintcd u'cdeE the laws 81 this State, upon
:sf.EJ security for the costs which may acz
rug il sbi.h actions, n the same way Other
I,,iis residents are obliged 10 dc under the
avs OF this State. All applications for the
Iale Of real estate by guardians to minors
g 10 live oul Of this State, shall be naadein
he cpun'y IN which the leiId Is sii3atey or,
{ sirsIte in more couniies than oae. theri ic-
.fse e t!ee eGSntIes IN which part OF such
eaF e-tetc Is situate anI additional security
ihsll be rec5lred fro1n such guardisn or guar
Inns. when deemed necessary, and such as
nag be approved by the probate court or the
,9onty 10 which such apPilcano rs is made
Sc SO. When any guardian sas tied.
" may hereafter die. before the settlement
viti4 lhs couF; of his or her gsard. sssaip'ae,
uut, il shal be the dat, os the executor or
sof such guardian TO settle uP'
ali account, IN the same manner sueh guar
han ought To have donei and any person
lavug an mteresi.in the scttlement OF such
eecnn,, OF tle couri W som such e. ard ar
vas appaiEted, oi It's own motion, may, by
tgjion 10 he 4ss,reJ. returned snd praeeedet
+2en according to tie provisiot1S of the act
which may then be IT. foree for tise settle
nent to be made by tue aduaanss,tator OF ek.
cu,or OF any euardian dying or having diet
e forcsaid Fine executor or administrator
aakms sceI. ss,ylcmth.. shSn be allowed
ss,;lr ep,.speireat,on fr the sasse, as III court
s,tb winch tire senhu-em r. nsade shsas
eer- reasonable
So @s ssnc,e any ot,4sssr,,sdi ,sotnas.