True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-05-05
4 LAWS OF OHIO.
[PURLIsHEp BY AuTHoRIrY. l
!. 67.l AN ACT

mo. 67.] AN ACT
Concerning the Relation of Guardian
and Ward.
SECTION |. Be il enacted by the Gen
eral assembly of the State Of Ohio, That
the probate court III each county Of this
state shall, when necessary, appoint guar
dians Of minors resident in such county.
Sec. Q. A guardian may be appointed
to take charge only of the estate Of a
minor; and at the time of, or subsequently,
10 the appointment of such guardian, to
any minor having neither father or mother,
or whose father aud mother are both
unsuitable personsto have the custody
and tuition of such minor, or whose inter-
ests will, for any other cause in The opin-
ion of the court, be prumOted thereby; the
court may also appoint guardian to have
the custody and provide for the mainte
nance and educationlOf such minor; provi-
ded, however, that the powers of the per-
son appointed guardian be not limited by
the order Of the appontment,th the person so
appointed shall be guardian both of the
person 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 interests Of the
minor will, in the opinion Of the court
be promoted by the appointment of sep.
arate guardians as herein before prescri-
bed.
Sec. 3. No person who may have been,
or shall be, an administrator on an estate,
or executor of last will and testament,
shall be appointed guardian of the person
and estate, or of the estate only, Of any
minor who shall be interested in the
estate administered upon, or who shall
be entitled to any interest under or by
virtue Of such last will and testament /;
but an executor or administrator may be
appointed guardian of the person only
Of minor.
Sec. 4. Any male infant over the age
OF fourteen years, or female infant over
the age Of twelve years, shall have the
right 10 select a guardian; who, if
suitable person, shall be appointed but if
such minor shall fail 10 select a suitable
person, an appointment may be made
without reference to the wishes of such
minor. A minor shall not, in any in
stance, have the right to select one person
to be the guardian of his or her estate
only, and another person TO be the guar.
dian of his or her person only, unless the
court having the power of appointment
shall be of opinion that the interests of
such minor will be promoted by the choice
and appointment Of such separate guar
dians, instead Of one guardian both Of
the person and estate.
Sec. S. When guardian has been
appointed for any minor before he or she
shall have attained the age for making
selection as fixed in The last preceding
section, the powers Of such guardian shall
continue until the ward shall arrive at the
age of majority, unless such guardian be
sooner removed for good cause. or such
ward shall select another suitable guar
dian. After such selection is made and
approved BY the court, and the person so
selected is duly appointed and qualified,
the powers of the guardian previously
appointed shall cease, and thereupon the
final account of such guardian shall be filed
and settled in the proper court.
Sec. 6. Before any person shall be
appointed guardian of the person and
estate, or of the estate only, of any minor,
he shall file in the office of the court
having such appointment to make, state
menI Of the whole estate of said minor,
and the probable value thereof, and
also the probable annual rents of such
minors real estate, and shall verify The
same by affidavit, and shall give bond
with freehold surelies, payable TO the
state of Ohio, in double the amount of
the personal estate belonging to said
minor, and also Of the gross amount of
rents that will be probably received by
the guardian ( ON the real estate of said
minor during his or her minority; which
bond shall be conditioned for the faithful
discharge OF the duties of said person as
such guardian, and shall be approved BY |
the court making such appointment and
such person shall also take an oath that
he will faithfully and honestly discharge
the duties devolving upon him as such
guardian.
Sec. Z. Before person is appointed
guardian to have the custody, mainten-
ance and tuition of a minor, without The
right to take charge of the estate of such
minor, he shall give bond in double the
probable expenses Of maintaining and
educating such minor during one year.
In all other respects his bonds shall be
the same as if he had charge of the estate
Of his ward, and he shall take the same
oath as is prescribed in section six.
Sec. 8. Exceptions may be filed in the
proper court by any person on behalf Of,
any minor for whom guardian has been
or may be appointed, to The bond Of such
guardian, as to the suf6ciency of the
amount of the penalty thereof, or the
sureties therein; whereupon notice shal
he given TO such guardian to appear be.
fore said court within reasonable time.
not exceeding ten days, and show cause
against the allowance of the exceptions;
and upon the hearing Of such exception,
the court may dismiss the same, or require
such guardian to find additional sureties
or security in larger amount. or make
such other orders as the case may require.
And it shall be the duty Of the court by
whom any guardian is appointed, to re-