Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-06-02

Vaie court 70 De released from hls bond
With such guardian; BY fling bis reques,
therefor with the judge Of sHcb court, and
lgiVing ten days notice 70 sach guardian;
when such court shall release such surety,
and II such guardian fail 70 give new bond,
q BY such court directed, be shall Be re-.
novel and bic letter superseded, but such
onginsl surety sball not be released u0ti
such guardian 50 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 70 the fling
and approval By the court Of such new
bond.
j SEC. 10. The cout BY whom any guar.
dian ba been OF may Be appOin'sd may,
for reasons Satisfactory to such eouFt, accept
ittbe resignation Of any such guardian, and
appoint another in his stead.
SEC. 20. II shall be ,he duty Of The
lcout by whom any guardian has been or
may be appointed. to enforce the return. At
The prescribed times, Of all inventories aud
accounts required t. be fled in such court
| by such guardian, and also 10 enforce the
performance Of all other duties devolying
upon guardians appointed by such court,
either with or without complaint being first
made, and thereupon TO make and euter
such Judgements and orden as may be
requisite in any case to promote the faith.
ful and correct discharge Of the duties Of
such guardians, or to preserve the estate Of
minors Cor whom such guardians may have
been or shall be appointed.
SEC. 81. Any bond given by any guar
dian may be put in suit by any person en-.
titled to the estate, upon the breach of the
condition of such bond. Such suit may
be brought 10 the name of the person who
is entitled 10 the estate.
SIC. %. Whenever necessary for the
education, support or payment Of the just
debts Of any minor, or for the discharge
Of any liens on the real estate of such mi
nor,or whenever the real estate of such mi
nor is suffering unavoidable waste, or a
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 guardian, order ther real
estate Of such miuor, or part thereof, to be
sold.
SEC. 20. Such application shall be by
petition, which shall set forth specifically:
First-The value and character Of all per-
soHal estate belonging to such ward that
has come to the knowledge or possession of
such guardian. Second-The disposition
made os such personal estate. Third-The
amount and condition Of such wards per-
soual estate, if any. dependent upon the
settlement Of any decedent's estate, or the
execution of any trust. Fouth-The an
nual value Of the real estate Of the ward,
with pertinent description Of such real
estate. Fith-The amount of rent re.
ceived and the application thereof. Sixth
The proposed manner Of Teinvesting the
proceeds Of the sale, if asked for that pur-
pose. Seventh-Each item Of indebted
ness, or the amount and character Of the
lien, If the sale is prayed for the discharge
thereof. Eighth The age Of the ward,
where aud 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 e.
led, verified BY the oath Of the guardian,
the court shall order the petitioner to give
notice to bis ward, who shall be defendant
to the petition, of the filing and demand
thereof. and the time when the same will be
heard, in such manner as to the court shall
seem reasonable and proper.
SIC. 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 10 be sold, the court |
shall appoint three freeholders ofthe coun-
ty, who are not of kin to the petitioner, to
appraise said real estate.
SEC. 96. Said appraisers shall take an |
oath to truly and impartially appraise said
real estate at tue fair cash value, which |
oath shall be endorsed on the certificate Of |
their appointment. !
SEC. 27. Upon the appraisement Of
said real estate being filed, signed by said
appraisers, the court shall require such
guardian to execute bond, with sufficient
freehold sureties, payable to the State Of
Ohio,iu double the appraised value Of such
real estate, with condition for the faithful
discharge of bis duties, and the faithful
payment, and accounting for,of all moneys
arising from such sale according TO law. /
SEC. %. Upon such bond being filed
and approved BY the court the court shall
order the sale ofsuch real estate, providing
IN the order for reasonable notice of such
,ale, and the credits TO be given for the
of the purchase money, and the
deferred payments of the purchase money
'hall be secured by mortgage, executed
oy the purchaser upon the real estate sold.
md they shall bear interest at the rate of
iix per centum per annum,from the day of
ale, payable annually.
SEC. go. Upon the return day of the
rider of sale issued by the court,such guar
lian shall make report of the sale by him
made; whereupon the court, on being sat
SIZED that such sale was fairly and legally
made, shall confirm the same, and order
he petitioner to execute deed OF convey |
.nce for the real estate so sold, upon the
purchaser securing the deferred payments
# the purchase money in the manner pre-.
Cribed in the last preceding section.
SEc. 80. Every guardian shall be al
owed, by the court settling his account ,the