True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-05-05


the performance Of all other duties devol-
wing upon guardians appointed by such
court, either with or without complaint
being first made and thereupon to make
and enter such judgements and orders as
may be requisite in any case to promote
the faithful and correct discharge Of the
duties of such guardians, or to preserve
the estate Of minors for whom such guar
dians may have been or shall be appoin-
ted.
Sec. 2l. Any bond given by any guar
dian may be put in suit by any person
entitled to the estate, upon the breach Of
The condition of such bond. Such suit
may be brought in the name of the person
who is entitled to the estate.
Sec. 2S. Whenever necessary for the
education, support or payment Of the just
debts of any minor, or for the discharge
Of any hens on the real estate Of such
minor is suffering unavoidable waste, or
better investment Of the value thereof can
be made, and the court shall be satisfied
that sale thereof will be for the benefit
of any minor, the probate court may, on
the application of such guardivn, order the
real estate of such minor, or part thereof,
to be sold.
Sec. %. Such application shall be by
petition, which shall set forth specifically:
First-The value and character Of all per-
sonal estate belonging to such ward that
has come to the knowledge or possession
of suchguardian. Second-The disposi.
tion made of such personal estate. Third
The amount and condition Of such
wards personal estate, if any, dependent
upon the settlement of any decedent's
estate, or the execution of any trust.-
Fourth-The annual value Of the real
estate of the wald with pertinent de-
scription of such real estate. F;fth-the
amount of rent received and the applica.
tion thereof Sixth-The proposed man.
ner of reinvesting the proceeds of the
sale, if asked for that purpose. Seventh
Each item Of Indebtedness, on the
amount and character of the lein, 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 belonging 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. "a. Upon such petition being
filed, verified by the oath of the guardian,
the court shall order the petitioner to give
notice to his ward, WHO shall be defend
ant to the petition, Of the filing and
demand thereof; aud the time when the
same shall be heard, in such manner as 10
the court shall seem reasonable and prop.
er.
Sec 25. At the time appointed for the
hearing of said petition, and upon being
satisfied that the notice named in the last
preceding section has been given, and
that such real estate ought to be sold,
The court shall appoin: three freeholders
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 truly and impariially appraise
said real estate at the fair cash value,
which oath shalt be indorsed on the Ger.
ti6cate Of their appointment.
Sec. 81. Upon the appraisement Of
said real estate being fled, signed by said
appraisers, the court shall require such
guardian to execute bond, with sufficient
freehold sureties, payable to the State of
Ohio, in double the appraised value of
such real estate, with condition for the
faithful discharge of his duties, and the
faithful payment, and accounting for, of
all moneys arising from such sale accor-
ding to law.
Sec. %. Upon such bond being filed
and approved by the court. the court
shall order the sale of such real estate,
pro viding in the order for reasonable no.
tice of such sale, and the credits to be
given for the payment of the purchase
money, and the deferred payments of the
purchase money shall be secured by a
mortgage, executed by the purchaser upon
the real estate sold, and they shall bear
interest at the rate of six per cen,um per
annum, from the day of sale, payable
annually.
Sec. 20. Upon the return day Of 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 execute deed of
conveyance for the real estate so sold,
upon the purchaser securing the deferred
payments Of the purchase money in the
manner prescribed in the last preceding
section.
Sec. 30. Every guardian shall be al.
lowed, by the court settling his account,
the amount of all his reasonable expenses,
incurred in the execution of his trust; and
also such compensation for his services
as the court shall deem reasonable.
Sec. 81. The settlement made in the
probate court Of the accounts of guar.
dian shall be final between him and his
ward, unless an appeal is taken therefrom
to the court of common pleas in the man.
ner provided by law; saving, however,
to any such ward the right OF opening
and reviewing such settlements for fraud
or manifest mistake, by petition filed 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 fled, at the option Of
the plaintiff in such action, at any time
within two wears after the said ward shall