It is, therefore, considered, ordered and adjudged by the court [etc., concluding as in No. 486]. 489. Order Appointing Guardian on Minor's Failure to Select. [Title.] [As in No. 486 to *, and continue:] And wheras said minor, ..., of the age of years has failed to select a guardian for his (person and) property; It is, therefore, considered [etc., concluding as in No. 486]. 490. Order Appointing Guardian under Provisions of a Will. [Title.] [As in No. 486 to *, and continue:] ............ And whereas the said .... ..... is named in the last will and testament of the said ............, deceased, as the guardian for the (person and) property of the said minor, ............. ; [Conclude as in No. 486.] 491. Bond of Guardian. Know all men by these presents, that we, at............, as principal, and ............ and ............, residing at ........ as sureties, are held and firmly bound unto (the people of the State of.... for the use of) ..... a minor, in the penal sum of............ dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of our aforesaid obligation is such that, if the above bounden, ............, who has been appointed guardian of the said minor, .................................., shall within ....... days from the date of his said appointment, make a true inventory of all the real and personal estate of said ward that shall come into his possession or knowledge and file the same in the above named court; shall manage and dispose of said estate according to law and for the best interest of said ward; shall faithfully discharge his trust in relation to said property (and in relation to the custody, nurture and education of said ward); shall render an account on oath, of the property in his hands, and of the management and disposition of all the ward's estate, including the proceeds of all the real estate which may be sold by him, within one year after the date of this appointment and at such other times as shall be required by law or directed by the court; shall, upon removal from office or at the expiration of his trust, settle his accounts in said court, or with the ward or his legal representatives; and shall pay over and deliver all the estate, title, papers and effects remaining in his hand or due from him on such settlement, to the person or persons lawfully entitled thereto, then this obligation shall be void; but otherwise shall remain in full force and effect. ..... Witness our hands (and seals) at 19..... ..., this ......... day of [Signatures of principal and sureties.] [Add qualification of sureties as in No. 84.] 492. Order to Receive Mortgage from Guardian in Lieu of Bond. [Title.] [As in No. 486, with the following concluding clause added:] It is further ordered by the court that, in lieu of the aforesaid bond, said guardian may execute and file herein his mort gage to said minor, conditioned as provided by law, for the payment of the aforesaid sum of ...... dollars, said mortgage to be upon good and unincumbered real estate of sufficient value to secure said payment, and to be approved by the court before letters of guardianship issue. 493. Exceptions to Guardian's Bond. [Formulate from No. 86.] See, also, relative forms 87 to 90, inclusive. 494. Order for Bond, Notwithstanding Terms of Will. [Title.] Now on this............ day of ............, 19...., on motion of it is now ordered by the court that..... .............. as guardian of the said minor, give bond, conditioned as required by law, with sureties to be approved by the court, in the sum of dollars, and cause the same to be filed herein within days hereafter, notwithstanding the terms of the last will and testament of the deceased father of said minor. pointed guardian of the said .... ...., a minor, and presented to the court his bond as such guardian, in the sum of ............ dollars, with ............. and ................................. as sureties, which bond is approved by the court and ordered filed. [Signature of judge or surrogate.] 496. Oath of Guardian. State of.... County of.... SS: I, ............, do solmenly swear that I will faithfully perform according to law, the duties of the office of guardian of the (per....., a minor, So help me God. son and) estate of [Signature of guardian.] Subscribed and sworn to before me this day of 19..... [Signature, title and seal of magistrate.] 497. Letters of Guardianship. [Title.] The (People of the) State of..... present Shall Come, Greeting: ................................, to All to Whom these of the County of Know ye, that ..... ............, State of is hereby appointed by the Court of the County of State of, as the guardian of the (person and) estate of............, a minor. ............ on this In witness whereof I have hereunto set my hand and the seal of said court, at .... day of............, 19..... [Signature and seal of judge or surrogate.] ARTICLE II. RESIGNATIONS AND NEW APPOINTMENTS. 498. Petition for Permission to Resign. [Title.] To the Hon. of said Court: Your petitioner undersigned respectfully shows: That, by an order made by the above named court in the above entitled matter, on the ............. day of............, 19...., he was appointed guardian of (the person and) estate of the said a minor; and he is now the duly qualified and acting guardian of said minor. ....... That your petitioner is about to proceed to the State of there to permanently reside. That your petitioner is prepared to settle his accounts, as such guardian, and deliver over the estate of said minor as this court shall direct. Wherefore, your petitioner hereby tenders his resignation of the aforesaid office of guardian, and prays the court to accept said resignation and discharge your petitioner from said trust. [Signature of guardian.] That, by an order made by the above named court in the above entitled matter, on the ............. day of............, one was appointed guardian of the (person and) estate of a minor, then of the age of..... .... years. ............ That, since the said qualified for the office of guardian as aforesaid, he has mismanaged the estate of said ward [or, he has failed to discharge the duties of said trust as required by law or by the order of the court], in this, to wit, That your petitioner is interested in said ward and in the said ward's estate in this, to wit, ............. Wherefore, your petitioner prays that the said ............, guardian, be cited to appear before this court and show cause, if any, why he should not be removed from the aforesaid office of guardian, and that on a final hearing hereof the said guardian be removed and his letters revoked. [Signature of petitioner.] [Add verification, as in No. 9.] 500. Order for Hearing Petition for Removal of Guardian. [Formulate from No. 482. 501. Notice of Hearing Petition for Removal of Guardian. [Formulate from No. 483.] 502. Return Showing Service of Notice. [Formulate from No. 25; and see, also, related forms 24, 27 and 29.] 503. Order for an Accounting Prior to Acceptance of Resignation. [Title.] Now on this ............ day of ............, 19...., upon the examination of the petition filed herein by, the present guardian of the (person and) estate of the said minor, ............, praying the court to accept said guardian's resignation of his said office and to discharge him from said trust, it is ordered by the court that said guardian make and file herein, on or before the day of............, 19...., at the hour of ............ o'clock, M, an account of all moneys and property received and expended by virtue of his said office during the term of his guardianship in said matter: And it is further ordered that the said guardian, ................................, be and attend before this court at the time last aforesaid and from day to day thereafter until his accounts as guardian aforesaid be settled. [Signature of judge or surrogate.] 504. Return Showing Account Filed Prior to Acceptance of Res ignation. To the Hon. of said Court: The undersigned, as the guardian of the above named a minor, respectfully shows: That on the ................................... day of ............, 19...., according to the command of the court, he filed in the above entitled matter his accounts as such guardian, for all transactions extending from the date of his appointment to the present time. [Signature of guardian.] 505. Order Accepting Resignation of Guardian. [Title.] Now on this ............ day of ............, 19...., upon the resignation of the office of guardian of the (person and) estate of the said minor, ............. by ............, for good cause shown, and it ap pearing that said guardian has settled his accounts in said matter, to the satisfaction of the court; it is, therefore, ordered that such resignation be and is hereby accepted, and the said discharged from his said trust. [Signature of judge or surrogate.] 506. Order Revoking Letters of Guardianship. [Title.] who Now on this ....... day of............, 19...., comes heretofore filed his petition in this court, praying that letters of guardianship heretofore granted to, as guardian of the said minor, .............., be revoked for the causes alleged in said petition, and the said guardian, ..., also appears in person and by his attorney, Thereupon the hearing herein proceeds upon the petition of the said complainant, ............, the answer of said guardian and the evidence. And the court, being duly advised in the premises finds that the said ............ should be, for the causes stated in the petition, removed from his said office as guardian of the said minor, I. P. F.-19 |