Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-05-02

fore the time 20 appointed, and shall also APP
point some suitable and discreet person to act Is
the guardian for such wife in relation to said
application and the matters therein embraced
upon whom copy of said petition and order
shall be personally served at least fifteen days
before the time fixed for such hearing. 1t shall
be the duty of such guardian to ascertain ~ to
the propriety, good faith and necessity of the
prayer of the petitioner being granted and he
shall have power to resist said application and
subpoena witnesses and take dispositions to dis
prove the allegations of said petition, or to show
the improperly of granting the prayer thereof.
Section 2. If any such wife shall not be a resi-
dent of this state such order petition shall be
served on her at least ninety DAYS and on the
guardian appointed at least sixty DAYS before
the time appointed for such hearing, and MOI such
application shall be granted except upon a hear
ing and proofs produced in open court showing
that said wife is insane, and the propriety, good
faith and necessity thereof, and that the same
Will be for her benefit, and upon the hearing
thereof such court shall have the power and it
shall be its duty to require a condition of
granting the prayer thereof that such sum shall
he secured for the use and benefit of said wife
out of the estate of such husband or the pro-
ceeds of such real estate as a condition and con-
sderstion for the REIMBURSEMENT of such home
stead or dover right in such manner rs the court
shall direct and prescribe, rs the court shall
under all the circumstances of the case deem Just
and proper, regard being had to the station and
condition in life of the said husband and wife.
Section g. Upon the hearing of said petition,
if the court shall be satisfied that the same is
mace in good faith and that the prayer of said
petition ought to be granted, it shall make
decree directing the execution of deed of rein-
punishment to the proper party or parties of such
dover right, as the case may be, and fixing the
terms and conditions pursuant to the act, upon
compliance with which the same shall be exc
cnfa1 and shall direct n such event said hua.
band or such other person as the court shall des-
ignate, to execute in the name of such wife
proper deed or deeds of REIMBURSEMENT to the
proper party or parties of the dover right Of the
wife in or TO any lands so mortgaged, sold or
conveyed by such husband during her insanity,
or in or to any lands he may desire to mortgage,
sell and convey, while she is so insane, specified
and described in such decree.
Section A. 1t shall be lawful and competent
at the hearing of such petition for such wife
her guardian to deny by answer any or all of
the allegations of said petition, and if demanded
by her or her guardian the issue thereon shall be
tried after being settled by the court by a jury
in like manner as in other cases and either party
may appeal from any decree made on such pc
ttion III like manner and subject to the same
conditions as from judgments in civil actions
Section 5. The court may before rendering
decree for such REIMBURSEMENT of dover require
the said husband to execute a bond, with suffi-
Gent sureties to such guardian in such sum as it
shall deem reasonable, conditioned for the sup
port and maintenance of such insane wife and
that if such insane wife shall survive her said
husband, then that there shall be paid to her
annually, during her life, for her sole use and
benefit such sum the court shall deem just
and reasonable.
Section 6. All deeds of REIMBURSEMENT exc
cuted under and in pursuance of such decree,
herein provided shall be valid in law and shall
convey all the dover interest of such insane
wife in and to any and all real estate so sold
and conveyed by said husband during her in
sanity, and shall forever bar and preclude her
from asserting any claim for dover in or to
the same and each and every part thereof; but
any power 50 granted for the REIMBURSEMENT and
barring her dover interest therein shall cease
and become void rs soon as such wife shall be-
come sane and of sound mind, and shall apply
to revoke said decree, and said decree shall be
revoked, but such revocation thereof shall in no
wise affect any conveyance REIMBURSEMENT
previously made hereunder.
Section 7. If any real estate of an insane
husband shall be sold by his guardian by order
Of court, the wife of such insane husband may
relinquish her dover in such rca. estate by
separate release or conveyance.
Section 8. All acts and parts of acts contra
vening the provisions u this act are hereby re-
pealcd, and this act shall take effect and be in
force from and after its passage and publication.
Approved March 8, 1877. ~ COPY.