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is incapable of taking care of himself, and managing his property, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.
duties of such
SEC. 14. Every guardian so appointed, as provided in the preceding Powers and section, shall have the care and custody of the person of his ward, guardians. and the management of all his estate, until such guardian shall be legally discharged; and he shall give bond to such ward, in like manner, and with like conditions, as before prescribed with respect to the guardian of a minor.
debts due from,
SEC. 15. Every guardian appointed under the provisions of this Guardian to pay act, whether for a minor or any other person, shall pay all just debts due from the ward, out of his personal estate, and the income of his real estate if sufficient; and if not, then out of his real estate, upon obtaining an order for the sale thereof, and disposing of the same in the manner provided by law.
debts due to
SEC. 16. Every such guardian shall also settle all accounts of the And recover ward, and demand, sue for, and receive all debts due to him, or may, his ward. with the approbation of the Probate Judge, compound for the same, and give a discharge to the debtor, on receiving a fair and just dividend of his estate and effects; and he shall appear for and represent his ward, in all legal suits and proceedings, unless where another person is appointed for that purpose as guardian, or next friend.
And manage his estate.
SEC. 17. Every guardian shall manage the estate of his ward frugally, and without waste, and apply the income and profits thereof, as far as may be necessary for the comfortable and suitable maintenance and support of the ward, and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtaining an order therefor, as provided by law, and shall apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward, and his family, if there be any.
SEC. 18. The guardian may join in and assent to a partition of the And assent to a real estate of the ward, in the cases and in the manner provided by law. estate
partition of real
tory to the court.
SEC. 19. The guardian shall return an inventory of the estate of Return an invenhis ward, at such time as may be fixed by the Court; the estate and effects comprised therein shall be appraised by three suitable persons, to be appointed and sworn in like manner as is required with respect to the inventory of the estate of a deceased testator, or intestate; and every guardian shall account for and dispose of the personal estate of the ward in like manner as is directed with respect to executors and administrators.
Real estate may be sold for maintenance.
Or to invest proceeds.
Proceeds of sales under sec. 20.
Proceeds of sales under sec. 21.
Order for salehow obtained.
Next of kin to be cited to show cause against sale.
Service of order
SEC. 20. When the income of the estate of any person, under guardianship, shall not be sufficient to maintain the ward and his Family, to educate his family, or to educate the ward when a minor, his guardian may sell his real estate for that purpose, upon obtaining an order therefor, and proceeding therein as provided in this act.
SEC. 21. When it shall appear to the satisfaction of the court, upon the petition of the guardian, that it would be for the benefit of his ward, that his real estate, or any part thereof, should be sold, or invested in some productive stock; his guardian may sell the same for that purpose, upon obtaining an order therefor, and proceeding therein as hereinafter provided.
SEC. 22. If the estate is sold for the purpose mentioned in the twentieth section of this act, the guardian shall apply the proceeds of the sale to such purpose, so far as necessary; and shall put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital shall be wanted for the maintenance of the ward and his family, or the education of his children, or for the education of the ward when a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.
SEC. 23. If the estate is sold for the purpose of putting out or investing the proceeds, as provided in this act, the guardian shall make the investment, according to his best judgment, or in pursuance of any order that may be made by the Probate Court.
SEC. 24. To obtain an order for such sale, the guardian shall present to the Probate Court of the county in which he was appointed guardian, a petition therefor, setting forth the condition of the estate of his ward, and the facts and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale; which petition shall be verified by the oath of the petitioner.
SEC. 25. If it shall appear to the court from such petition, that it is necessary, or would be beneficial to the ward, that such real estate or some part of it should be sold, the court shall thereupon make an order, directing the next of kin of the ward, and all persons interested in the estate, to appear before such court at time and place therein specified, not less than four, nor more than eight weeks from the time of making such order, to show cause why an order should not be granted for the sale of such estate.
SEC. 26. A copy of the order shall be personally served on the next of kin of such ward, and on all persons interested in the estate,
at least fourteen days before the hearing of the petition; or shall be published at least three successive weeks, in some newspaper printed in the county; or if there be none printed in the county, then in such newspaper as may be specified by the court in such order.
petition for sale.
SEC. 27. The Probate Judge, at the time and place appointed in Hearing on such order, or such other time as the hearing shall be adjourned to, upon proof of the due service or publication of the order, shall hear and examine the proofs and allegations of the petitioner, and of the next of kin, and all other persons interested in the estate who shall think proper to oppose the application.
SEC. 28. On such hearing the guardian may be examined on oath, Guardian may and witnesses may be produced and examined by either party, and process to compel their attendance and testimony may be issued by the Probate Judge in the same manner and with like effect as in other cases.
SEC. 29. If any person shall appear and object to the granting of Objection to any order prayed for under the provisions of this act, and it shall appear to the court that either the petition or the objection thereto is unreasonable, said court may, in its discretion, award costs to the party prevailing, and enforce the payment thereof.
SEC. 30. If, after a full examination, it shall appear to the court Order for sale may be granted. either that it is necessary, or that it would be for the benefit of the ward, that the real estate or any part of it should be sold, such court may grant an order therefor, specifying therein whether the sale is to be made for the maintenance of the ward and his family, or for the education of the ward and his children; or in order that the proceeds may be put out and invested.
a bond before
SEC. 31. Every guardian authorized to sell real estate, as aforesaid, Guardian to give shall, before the sale, give bond to the Probate Judge, with sufficient selling. security to be approved by such Judge, with condition to sell the same in the manner prescribed by law, for sales of real estate by executors and administrators; and to account for, and dispose of the proceeds of the sale, in the manner provided by law.
and place of sale.
SEC. 32. He shall also give public notice of the time and place of Notice of time sale, and shall proceed therein in like manner as prescribed in the case of a sale of land by an executor or administrator; the same proceedings shall be had as to the return of the sale and the confirmation thereof, and the order to execute a conveyance, as is prescribed in regard to sales of land made by executors or administrators, and the confirmation shall have the same force and effect.
SEC. 33. No order granted in pursuance of this act, shall be in Order in force for force more than one year after granting the same.
one year only
Limitation of actions to recover property sold under this act.
SEC. 35. The guardian shall, upon the expiration of a year from to Probate Court the time of his appointment, and as often thereafter as he may be re
quired, present his account to the Probate Court for settlement and allowance; and all the laws relative to the accounts of executors and administrators shall govern in regard to the accounts of a guardian, so far as they can be made applicable.
Guardian may be required to invest
SEC. 36. The Probate Judges in their respective counties, on the proceeds of sales, application of a guardian, or of any person interested in the estate
Guardians becoming incapable of discharging duties.
SEC. 34. No action for the recovery of any estate, sold by a guardian under the provisions of this act, shall be maintained by the ward, or by any person claiming under him, unless it be commenced within three years next after the termination of the guardianship, excepting only that minors and others under legal disability to sue at the time when the cause of action shall accrue, may commence their action at any time within three years next after the removal of their respective disabilities.
Guardians may be required to renew their bonds.
of any ward, after such notice to all persons interested therein as the Probate Judge shall direct, may authorize and require the guardian to invest the proceeds of sales, and also any other money in his hands, in real estate, or in any other manner that shall be most to the interest of all concerned therein; and the said Probate Court may make such further orders, and give such direction as the case may require for managing, investing, and disposing of the estate and effects in the hands of the guardian.
SEC. 37. When any guardian, appointed either by the testator or by the Probate Judge, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor; or shall have wasted or mismanaged the estate, the Probate Judge, after notice to the guardian, may remove him; and every guardian may, upon request, be allowed to resign his trust, when it shall appear to the Probate Judge proper to allow the same; and upon every such resignation or removal, and upon the death of any guardian, the Probate Judge may appoint another in his place.
SEC. 38. The marriage of any person who is under guardianship as a minor, shall terminate such guardianship; and the guardian of any insane person, or other person, may be discharged by the Probate Judge when it shall appear to him, on the application of the ward, or otherwise, that such guardianship is no longer necessary.
SEC. 39. The Probate Judge may require a new bond to be given by any guardian whenever he shall deem it necessary, and may discharge the existing sureties from further liability, after due notice
given as such court may direct, when it shall appear that no injury can result therefrom to those interested in the estate.
to be filed.
SEC. 40. Every bond given by a guardian, shall be filed and pre- Guardian's bonds served in the office of the Clerk of the Probate Court of the county; and in case of the breach of any condition thereof, may be prosecuted in the name of the ward, for the use and benefit of such ward, or of any person interested in the estate.
SEC. 41. No action shall be maintained against the sureties in Actions on any bond given by a guardian, unless it be commenced within three years from the time when the guardian shall have been discharged: Provided, that if at the time of such discharge, the person entitled to bring such action shall be under any legal disability to sue, the action may be commenced at any time within three years after such disability be removed.
SEC. 42. Upon complaint made to the Probate Judge by any Examination of guardian, or by the ward, or by any creditor, or by any other person charged with defrauding their interested in the estate, or by any person having any prospective wards. interest therein as heir, or otherwise, against any one suspected of having concealed, embezzled, or conveyed away any of the money, goods or effects, or any instrument in writing belonging to the ward, the Judge may cite and examine such suspected person, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator, or intestate.
SEC. 43. When any minor, or other person liable to be put under Guardians for guardianship, according to the provisions of this act, shall reside out of the state. without this state, and shall have any estate therein, any friend of such person, or any one interested in his estate in expectancy, or otherwise, may apply to the Probate Judge of any county in which there may be any estate of such absent person, and after notice given to all persons interested, in such manner as the Judge shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person.
SEC. 44. Every guardian appointed under the provisions of the preceding section, shall have the same powers, and perform the same duties, with respect to any estate of the ward that shall be found within this state, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed under this act.
SEC. 45. Every such guardian shall give bond to the ward, in the Such guardians manner, and with the like condition, as hereinbefore provided with
Powers and du
ties of guardians