« SebelumnyaLanjutkan »
may appoint per
court, out of this
an action of ravishment of ward, or trespass, against any person
On failure of ment, has appointed, or shall appoint, any trustee or trustees, trustees appoint to execute a trust created by such will, and has not provided ed by will, court for the contingency of the death, incapacity, or refusal of such son to execute trustee or trustees to accept or execute the trust; the court of the trust common pleas having the probate of such will, shall have power, in such cases, to appoint some suitable person or persons to execute such trust, according to the will; taking from them good and suiticient bonds, with security, conditioned for a faithful performance thereof.
Sec. 26. That the trustee, or trustees, appointed in any lagt Trustee appoint will and testament, made out of this State, to execute a trust ed hy will or relative to lands in this State; or the trustee or trustees ap
State, may sell pointed by any court of probate, according to the laws of any lands in this State or country, to carry into effect a trust created by any last Slate, and will and testament of a testator who may have resided out of this State, respecting lands in this State; on producing an authenticated record of his or their appointment, before the court of common pleas in the county where the land described in any such will may be situated, and by giving bond to the State of Ohio, in such sum, and with such security, as shall be approved by the court, conditioned to discharge with fidelity the trust reposed in him or them, may dispose of such land, in the same manner, and under the same regulations, as are or may be by law provided for the sale of real estate of intestates. Sec. 27. That the act, entitled "An act relating to wills," ,
Act rereales passed February the twenty-sixth, eighteen hundred and twenty-four, be, and the same is hereby repealed.
JAMES M. BELL,
Speaker of the Senate.
AN ACT for the appointment of Guardians
Sec. 1. Be it enacted by the General Assembly of the State of Court of com Ohio, That the court of common pleas shall have power, when- mon pleas to ap ever they consider it necessary, to appoint a guardian or guar-lo minors dians to all minors within their county; and on good cause shown, to authorize such guardian or guardians to sell all, or any part of the property, whether real or personal, of his or their ward or wards; and the court shall at the same time direct the manner of securing to said ward or wards, the money arising on such sale: wbich said guardian or gardians shall, before enter
na log on the discharge of [the] duties of his or their appointment, ia
every case give bond to the State of Ohio, in such sum, and with
may allow to such guardian or guardians, -uch compensation Jonpensation as they may think proper, for the services by bim or them per
formed, in virtue of the appointment aloresaid: Provided. That no person who shall be, or who may have been, an administrator of any estate, or executor of any last will and testament, shall be appointed by the court a guardian for any minor who shall be interested in said intestate estate, or who shall claim and be entitled, as heir, devisee, or otherwise, to any interest under or by virtue of said last will and testament, unless such
guardian be appointed by last will and testament. Guardians must Sec. 2. That the court of common ple's shall bave power, account, or be re by citation and attachment, to compel any guardian or guar.
dians, to render, from time to time, an account of his or tbeia management of the estate of said ward or wards; and, upon good cause shown, to remove such guardian or guardians, and appoint another, or others, in his or their stead.
Sec. 3. That no sale of real property shall be made under the How sale of pro- provisions of this act, unless the court shall be satisfied that
such sale will be for the advantage of such ward or wards, or necessary for his or their maintenance; and the guardian or guardians shall be governed therein by the same regulations as are required of administrators in the sale of real property, in the case of insolvent estates.
Sec. 4. That minors living out of this State and owning lands Minors of other within the same, shall be entitled to the benefit of this act, on
their guardian or guardians giving such security a: shall be approved ot by the court in the county wherein such land is situ
perty to be contucted
Sec. 5. That it shall be the duty of every guardian, wheth. Testamentary of er appointed under the authority of this act, or by the last will not, to settle
and testapent of any testator, within three years after his appointment, or the death of the testator, (as the case may be, and at the expiration of every two years thereafter, to settle his account with such ward or wards belore the court of common pleas by which be may have been appointed, or before the court which may have granted probate of said last will and testa. ment, whereby said guardian or guardians may have been ap
pointed; which settlement shall be final between the parties Wards may re. thereto; saving, however, to any such ward or wards, the right view settlement of opening and reviewing the same in chancery or elsewbere,
apon good cause showd, at any time within two years after the
said ward or wards shall arrive at full age: and it shall be the
Sec. 7. That any guardian or guardians appointed as aforesaid, for any female under the age of twelve, or any male under Guardians may the age of fourteen years, may, if it be necessary, bind such minor or minors to any suitable person, until such minor or minors, (if a male,) shall arrive at the age of twenty-one years, and if a female, at the age of eighteen years: Provided, That before the. indenture whereby any minor or minors may be bound to service, according to this section, shall be holden valid in law, the person or persons to whom such minor or minors shall be bound as aforesaid, and also the terms and covenants in such indenture contained, shall be approved of by the court; and a certificate of the clerk, with the seal of such court, shall be attached to such indenture, in testimony of such approbation.
Sec. 8. That all laws and parts of laws coming within the Laws repealed purview of this act, he, and the same are hereby repealed.
This act to take effect and be in force from and after the first day of June next.
Speaker of the Senate.
AN ACT relating to Dower. Sec. 1. Be it enacted by the General Assembly of the State of Widow to be Ohio, That the widow of any person dying, shall be endowed endowed of real
Y and equitable of one full and equal third part of all the lands, tenements, and estate
May remain in
Jointure bars dower, when
real estate of which her husband was seized, as an estate of inheritance, at any time during the coverture; and she shall, in like mannero be endowed of one third part of all the right, title or interest that her husband, at the time of his decease,
had in any lands and tenements, beld by bond, article, lease,
in or other evidence of claim: and she shall remain in the manmansion house, sion house of her husband, free of charge, for one year after
his death, if her dower be not sooner assigned her:
Sec. 2. That if any estate shall be conveyed to a woman as jointure, in lieu of her dower, to take effect immediately after the death of her husband, and to continue during her life, such conveyance shall bar her right of dower to the lands and tenements which were her husband's; but if the jointure or con
veyance was made when the feme was in infancy, or if made Widow may after marriage, in either case, the widow, at her election, may
waive her jointure and demand her dower.
Sec. 3. That no contract of the husband, or recovery against
itor him, of any lands, tenements or hereditaments, being the inheDy act of hug ritance or freehold of his wife, during the coverture between
them, shall in any wise deprive the wife, after the death of her husband, of any right which she had or might have to such lands, tenements or hereditaments, or her heirs, or any person who shall have right, title or interest to the same by the death of such wife or widow.
Sec. 4. That when any conveyance intended to be in lieu Ayailing herself of dower, shall, through any defect, fail to be a legal bar of defective con. thereto, and the widow availing herself of such defect, shall
demand her dower, the estate and interest conveyed to such widow, with intention to bar her dower, shall thereupon cease and determine. .
Sec. 5. That if any widow be lawfully evicted from her joinEvicted from ture, or any part thereof, without fraud in her, she shall be jointure, to be endowed of as much of the residue of her husband's lands,
tenements, or bereditaments, whereof she was before dowable, as the same lands, tenements, or hereditaments from which she was evicted, shall amount to.
Sec. 6. That if any wife willingly leave her hasband and An adulteress dwell with her adulterer, she sball lose and be barred of her
wer right of dower; but if she shall return, and her husband shak
be reconciled to her and dwell with her, she sball be restored to her right of dower.
Sec. 7. That if the husband in his life time shall be imHusband string pleaded for lands or tenements, and giveth up the same by cocovin, wité may vin or fraud, after the death of the husband the wife may recoredove dower ver her dower of the same; and in case the husband loseth the
land in demand by default, and his wife, after his death, demand her dower therein, she shall be heard: and if the widow can establish the right of the husband to the lands and tenements, she shall be entitled to, and recover her dower therein.
Sec. 8. That when the lands of the deceased are not en
veyance, to clase, etc.
opdowed of other lande
barred of dower
up lands by
Petition in clan
by cross bin
Petition to be filed where pres.
cumbered by mortgage, or by judgments obtained against such decedent in his life time, the heir or other person having the next immediate estate of inheritance, may assign to the widow, Heir may assign ber dower therein, by writing under his hand and seal, particularly describing the same; which is accepted by such widow, shall be holden a good assignment in law.
Sec. 9. That the widow applying for dower, in the lands of her deceased husband, may file her petition in charcery, ce
cery cery for dower against the heir, or other person having the next immediate estate of inheritance, setting forth her right thereto, and describing the tracts of lands of which she claims to be endowed; and the court, on the hearing of such cause, shall render such decree in the premises, as to them shall appear just and consistent with the rights of all the parties interested therein.
Sec. 10. That when the rights of any mortgagee, or the Incumbrances lien of any judgment creditor, shall be shown to the court by may be cross petition filed before the rendition of a decree, in such petition for dower, such rights and liens shall be regarded by the court, in the rendition of such decree, and no inequality shall be allowed, or any injustice done to any such mortgagee or judgment creditor to the benefit of another. . Sec. 11. That when the lands lie in several counties, the petition for dower shall be preferred in the county in which the principal messuage of the deceased is situate: and the suage is situated court of common pleas of such county shall have complete jurisdiction, and may order the whole dower of such widow to be assigned in any one or more of such counties, and out of any one or more tracts of land; if the same may be done without prejudice to the rights of any person claiming title to, or · holding a lien on such land.
Sec. 12. That when dower shall be decreed on any petition ond filed as aforesaid, the court shall issue their order to the sheriff dower, sheriff to of one of the counties in which such lands may be situate, assign, how commanding him, that by the oaths of three judicious, disinterested men of the vicinity, who are not of kin to either of the parties interested, he cause such dower to be set off and assigned to such petitioner, in manner as set forth in the decree; and the sheriff to whom such order is directed, shall in all things obey the same, and return his proceedings therein to the said court, at their next term; and such assignment, if approved by the court, shall be entered on the records thereof, and shall be thenceforth valid and effective in law: a writ of seizin shall thereupon issue from the said court to such sheriff, Awrit of seizen who on the receipt thereof, shall deliver to the widow full possession of her dower, assigned to her as aforesaid.
Sec. 13. That if during the minority of the heir, dower Hair shall be assigned to a widow who is entitled thereto, or if she action, if dower shall recover the same on application to the court by the de
assigned fault, fraud or collusion of the guardian, such person coming of age may have his action against such widow for the same.
On decree of
eir may have
bheda 19 collusive