The Richmond climax. (Richmond, Ky.) 1897-1914, 1910-12-14


oath to faithfully discharge all the du-
ties of trust.
The court then appoints three APP
praisers, whose duty it is to appraise all
the personal property of the deceased
of every kind and character, after hav-
ing been first sworn to discharge their
duty; the appraisment must be made out
and signed by the appraisers and re-
turned to the Clerks office within three
months after their appointment; it is
better, however, that this appraisment
be returned at once.
1t is then the duty Of the personal rep
sentative to convert the appraised prop
erty, except that set apart for the wi
dow, if there be one, into cash, and i'm
mediately return an inventory, and the
sale bill to the clerks office; for failure
to do this within six months, he may be
fined $1,000 for each day he fails to
make the return upon notice. The law
requires every personal representative to
settle his accounts with the County
Court within two years after he qualities
and as often thereafter as the court may
require, but frequently it is better TO
make these settlements as soon as the
estate is in proper shape and not wait
the two years, unless it is necessary.
These settlements when approved by
the court shall be recorded and indexed
by the Clerk, and the original and
vouchers carefully kept by him in his
office.
Personal representatives should keep
a careful record of all their acts; pay out
no money on claims against the estate
unless they are properly verified accord
ing to law, otherwise, it would be i'm
proper for them to have credit in their
settlements for such payments
What about guardians we asked?
There is no more stringent law on the
statute books than that governing guar
dians for the protection of infant wards.
The law requires that a guardian shall
within 60 days after his appointment
return to the court true and perfect
inventory of the real and personal estate
of the ward, signed by him and verified
by his affidavit, and an additional inven-
tory of any other estate that turns up
later, and for failure to make any such
return, the court may remove the guar
dian. No such inventory has been re-
turned TO me since have been Judge,
and it is frequently impossible to find
any record evidence of how much money
came into the guardians hands.
This inventory is required 10 be re-
corded and it is the duty of the clerks
twice year to present TO the court a
list of the guardians who have failed to
return the inventory, or to settle their
accounts; the law then requires the
court to summon any delinquent coerce
performance Of his duty, or remove him,
holding him personally for the cost Of
the proceeding.
''No disbursements shall be allowed a
guardian for the maintenance and edu-
cation of the ward beyond the income
of the estate. except where the ward is
of such tender years. or infirm health
that he cannot be bound as an appren-
tice, or no suitable person will take
him as such, or when it is best for the
ward that the principal of his personal
estate shall be applied for his board and
tuition, and the court upon settlement
of the accounts shall deem such appli-
cation to have been judicious and prop
erly made"
Section 2035 "a" provides that guar
dians shall be charged with the follow
ing rates of interest: Where the
amount received and held in trust does
not exceed $4,000, 5per cent; where
the amount received and held in trust
exceeds 100000 per cent, provided
that nothing in this act shall prohibit or
prevent such tiduciaries from accounting
for, or being chargeable with, such sums
in excess of the rates herein fixed. as
may be realized upon any investment of
any such funds made by any such fidu-
ciary.
Section 2037 reads: "A guardian shall
within 60 days after the expiration of a
year from his appointment, settle his
account as guardian with the County
Court. and at least once every two years
thereafter, and at such times as the
court may require. The necessary
vouchers shall accompany and remain
with the guardians accounts presented
for settlement, which. when properly
made shall be prima facie evidence in
his favor No guardian is permitted by
the law to act as such, or TO collect any
moneys belonging to the ward until he
has qualified, and executed the bond
The section Of the statute which most
greatly concerns the County Judge is
that one which holds him responsible
for funds in the hands OF guardians, and
it is his duty under the law to, at least
once in each year, carefully inquire into
the solvency of all the sureiies upon the
bond Of each flduciary. and if upon in
quiry, there is reason 10 believe that any
bond is not amply sufficient to protect
from all loss those Interested, he shall
NJ onca rive notice 10 such fduciarv