[2 R. S., 1852, p. 321. In force May 6, 1853.]

2512. Appointment. 1. The Court having probate jurisdiction in each county, in term time, or the Clerk thereof in vacation, shall appoint guardians of minors resident in such county, or having estate therein; and in case of conflict between two appointments in different counties, the one first made shall exclude all others and extend to all the property of the ward within this State.

1. The domicile of the parents at their death is the domicile of an infant heir, and can not be changed during minority, of his own volition.-Warren v. Hofer, 13 Ind. 167.

2. When an infant has no guardian appointed, and lives with his mother, a widow, she is entitled, as natural guardian, to his earnings.— Ohio, etc., R. R. Co. v. Tindall, 13 Ind. 366.

3. The earnings of an infant supported by his father belong to the father, unless he agree to relinquish them; in which case they belong to the infant.- Jenison v. Graves, 2 Blackf. 440; Fowler v. Burget, 16 Ind. 341; Boulton v. Black, 68 id. 269.

2513. Minor over fourteen may select. 2. If the minor be over the age of fourteen years, such minor shall have the right to select a guardian, and, if the person so selected shall be a suitable person, such person shall be appointed. But if such minor shall fail to select a suitable person, an appointment shall be made without reference to the wishes of such minor. Such selection may be proved to the satisfaction of the Court or Clerk making the appointment, without the personal attendance of such minor. 2514. No removal, except for cause. 3. When a guardian has been appointed for any minor under the age of fourteen, such guardian shall not be removed when such minor arrives at the age of fourteen, except for good cause shown.

1. He can not be removed without notice.- Dibble v. Dibble, 8 Ind. 307.

[1881 S., p. 527. In force September 19, 1881.]

2515. Statement - Bond - Oath. 4. Before any person shall be appointed guardian of any minor, he shall file, in the office of the Clerk of the Court having such appointment to make, a statement, in writing, of the whole estate of said minor, and the probable value thereof, specifying the value of the personal property and real estate separately, and also specifying the probable value, if any, of the annual rents and profits of such real estate; and shall verify the same by affidavit; and shall give bond, with two or more resident freehold sureties, who shall be bound jointly and severally in said bond, payable to the State of Indiana in penalty double the amount of such personal property and four times the annual value of such rents and profits, conditioned for the faithful discharge of his duties as such guardian, to be approved by the Clerk or Court making such appointment; and shall take an oath that he will faithfully and honestly discharge the duties devolving upon him as such guardian.

1. The requirement, herein, of a statement is simply directory; its omission does not vitiate an appointment. The failure to file an inventory is cause for removal.-Lee r. Ice, 22 Ind. 384.

2. This bond is security only for personal property of the ward coming to his hands, and not for proceeds of land sales.-Reno v. Tyson, 24 Ind. 56; Colburn v. State, 47 id. 310.

3. The failure of a guardian to give bond sufficient to secure the payment of his ward's money to him at the end of the trust is, alone, a cause for removal.-Potter v. Thompson, 23 Ind. 550; West v. Forsythe, 34 id. 418.

4. See sec. 1261, as to new bonds.

[2 R. S. 1852, p. 321. In force May 6, 1853.]

2516. Defective bond. 5. Such guardian's bond shall not be void on account of any informality, illegality, or defect, either formal or substantial, in the same; nor on account of any defect, informality, or illegality in the appointment of such guardian; but shall have the same force and effect as if such appointment had been legally made and such bond legally executed. 1. When a surety whose name was not in the body of the bond signed it, he was held bound thereby.- Potter v. Thompson, 23 Ind. 550.

2. In a suit upon a guardian's bond (alleged to be lost, or mislaid), evidence for the defense tending to show its non-execution is material and admissible under the general denial not sworn to.-Millikan v. State, 70 Ind. 310.

2517. Discharge of sureties. 26. Sureties in the bond of any guardian may be discharged from future liability therein under the same rules and regulations prescribed for the discharge of the sureties in the bond of executors and administrators; and all enactments on that subject shall apply to guardians and guardians' bonds and sureties.

1. A surety, released from a bond upon his own application, is discharged only as to future liability on such bond, not from any already accrued.-State v. Page, 63 İnd.

209.

2. The surety upon the new bond is not liable, if the guardian-in-fact has, at the time, no assets in his hands, having wasted them, although he may subsequently report himself as yet having them.- Lowry v. State, 64 Ind. 421.

2518. Custody - Tuition - Management of estate. 6. Every guardian so appointed shall have the custody and tuition of such minor, and the management of such minor's estate during minority, unless sooner removed or discharged from such trust: Provided, That the father of such minor (or if there be no father, the mother, if suitable persons respectively)

shall have the custody of the person and the control of the education of such minor.

1. Guardians must keep their wards employed in earning their own support, unless they have property of the ward in their hands, when the Court may allow them to use it for maintenance and education. - State v. Clark, 16 Ind. 97.

2. When a person, being their guardian, is sued for the board and maintenance of minor children, upon his own promise, the suit is personal.- Gwaltney v. Cannon, 31 Ind. 227: Lewis v. Edwards, 44 id. 333.

3. When an infant becomes a member of a family without agreement as to his maintenance, his guardian is not liable therefor.- Gwaltney v. Cannon, 31 Ind. 227; Webster v. Wadsworth, 44 id. 283; Martin v. Beasley, 49 id. 280.

2519. Guardian by will. 7. When a guardian has been appointed by will, by a father or mother of any child, such guardian shall be entitled to preference in appointment over all others, without reference to his place of residence or the choice of such minor; but his appointment and duties and powers shall, in all other respects, be governed by the law regulating guardians not appointed by will.

2520. Guardian ad litem-Next friend. 8. All Courts shall have power to appoint a guardian ad litem, to defend the interests of any minor impleaded in any suit; and to permit any person, as next friend, to prosecute any suit in any minor's behalf.

1. A guardian ad litem can not waive service of process for an infant. If the legally appointed guardian appear in a suit for the infant, a guardian ad litem is not necessary. Hughes v. Sellars, 34 Ind. 337.

of

2521. Guardian's duties. 9. It shall be the duty of every guardian any minor

First. To make out, and file within three months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do, it shall be the duty of the proper Court to remove him, and appoint a successor.

Second. To manage the estate for the best interests of his ward.

Third. To render, on oath, to the proper Court, an account of his receipts and expenditures as such guardian, verified by vouchers or proof, at least once in every two years; and failing so to do, he shall receive no allowance for services, and be liable to his said ward, on his bond, for ten per cent. in damages on the whole amount of estate, both real and personal, in his hands belonging to such ward.

Fourth. At the expiration of his trust, fully to account for and pay over to the proper person all of the estate of said ward remaining in his hands. Fifth. To pay all just debts due from such ward out of the estate in his hands, and collect all debts due such ward; and in case of doubtful debts, to compound the same; and to appear for and defend, or cause to be defended, all suits against such ward.

Sixth. When any ward has no father or mother, or such father or mother is unable or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify. 1. An Act of 1867 (p. 103) provides that Courts shall not allow Clerk's fees for services to guardians, when their accounts are presented for settlement, unless the receipts are itemized.

2. Suits to re-open or set aside a guardian's final settlement must be brought within three years, if the plaintiff have no disability.- Briscoe v. Johnson, 73 Ind. 573.

3. A final settlement, to be appealed from, must be such as to fully discharge the

guardian from his trust, leaving nothing further for him to do therein.— Angevine v. Ward, 66 Ind. 460.

4. The trust expires at the ward's majority; and on failure to account, the guardian may be sued on his bond before (and without) removal.-Stroup v. Fitch, 70 Ind. 495. 5. A guardian who uses money of his ward in his own business, or converts any assets of the ward to his own use, is liable on his bond therefor.- Lowry v. Hull, 64 Ind. 421.

6. Such guardian is so liable to each of his wards as they attain majority; and a recovery by one of their number is no bar to a suit by another.- Cotton v. State, 64 Ind. 573.

7. The partial settlements or accounts-current of guardians are not conclusive upon any one; and may, during the existence of the trust, be opened, changed, modified, or set aside. State v. Wilson, 51 Ind. 96; Bescher v. State, 63 id. 302; Cogswell v. State, 65 id. I.

8. The final settlement of a guardian, unless revoked, re-opened, or appealed from, is conclusive, and can not be attacked collaterally. Reed v. Reed, 44 Ind. 429; Barnes v. Bartlett, 47 id. 98; Holland v. State, 48 id. 391.

9. A report of settlement, with vouchers not approved by the Court, is not competent evidence.- Beedle v. State, 62 Ind. 26; Davis v. State, 68 id. 104.

10. A guardian may follow his ward's funds, and recover them from any one wrongfully holding them.- Fox v. Kerper, 51 Ind. 148.

II. In cases for neglect and defalcation against a guardian, the Courts will presume against him and in favor of the ward, as strongly as the facts will warrant.- Jennings v. Kee, 5 Ind. 257.

12. A suit against a guardian upon a contract touching his ward's estate is personal against the guardian.-Stevenson v. Bruce, 10 Ind. 397.

13. An infant has a right in equity to treat any one as his guardian or trustee who enters upon his lands and receives the profits thereof, and can compel him to account.-- Grimes v. Wilson, 4 Blackf. 331; Hiestand v. Kuns, 8 id. 345.

14. The duty of a guardian to collect debts due to his ward implies the power to enforce such collection by suit.- Shepherd v. Evans, 9 Ind. 260.

15. It is the duty of a guardian to keep the money of his ward always upon interest, and to use care in making loans of the trust funds.-State v. Sanders, 62 Ind. 562. 16. The ward's receipt "in full of all accounts may be explained or contradicted by parol evidence.— Beedle v. State, 62 Ind. 26.

17. The filing of the inventory required herein is mandatory and imperative; and on failing to do so, the guardian may be removed.— Kimble v. Kimmel, 48 Ind. 203. 18. Upon conviction for failure to pay funds to his successor, the guardian and his sureties are liable for ten per cent. damages upon the whole amount found due.Colburn v. State, 47 Ind. 310; Baldridge v. State, 69 id. 166; Kinsey v. State, 71 id. 32. 2522. Change of investment. 10. The proper Court may, on application of a guardian, or of any other person (said guardian having notice thereof), order and decree any change to be made in the investment of the estate of any ward, that may, to such Court, seem advantageous to such

estate.

1. The money of the ward may be invested in real estate or improvements, under an order of the proper Court; if, without order, the investment is at the personal risk of the guardian.-Sherry v. Sansberry, 3 Ind. 320; Powell v. North, id. 392.

[1879, p. 42. In force May 31, 1879.]

2523. Death of ward. 1. Upon the decease of any ward whose personal estate does not exceed five hundred dollars, it shall be the duty of his or her guardian to report the fact of the ward's death, and the amount and condition of the ward's estate, to the proper Court; and such guardian shall proceed to settle his or her ward's estate without letters of administration. Claims against said estate shall be filed, litigated, or allowed, and paid, the same as in cases of executors and administrators, and distribution of the estate made under the same rules and regulations: Provided,

The Court shall require additional bonds, when those already given are deemed insufficient.

[1881 S., p. 526. In force September 19, 1881.]

2524. How removed― Marriage of female guardian. II. The Court by whom or by whose Clerk any guardian has been or may be appointed, or the Judge thereof in vacation, may, at any time, remove such guardian, upon written application of his ward or wards, or any person in behalf of said ward or wards, for habitual drunkenness, neglect of his duties, incompetency, fraudulent conduct, removal from the State, or any other cause which, in the opinion of such Court, or the Judge thereof in vacation, renders it for the interest of the ward that such guardian shall be removed, he having ten days' notice thereof; except that where such guardian so conceals himself that notice can not be served, or his residence is unknown, or he has removed from the State, and such facts appear by the return of the Sheriff, or affidavit of such [facts], notice may be given by publication in a weekly newspaper for three weeks successively, ten days before the first day of the term or time of hearing. And provided also that whenever an unmarried woman who is a guardian, marries, she shall be removed, unless her husband shall signify to the Court his assent in writing, filed in open Court, to her continuance in said trust; which assent shall make him jointly liable with her for the due execution of said

trust.

1. A guardian appointed in vacation, and not confirmed, may be removed by the Court without notice, on motion; aliter, if he were appointed in term, or was confirmed when appointed in vacation.-Lee v. Ice, 22 Ind. 384.

2. A removal without notice or appearance is a nullity.- Dibble v. Dibble, 8 Ind. 307; Id., 9 id. 161.

3. Removal from the State is a good cause for removal from the trust.- Nettleton v. State, 13 Ind. 159.

4. Removal is largely discretionary with the Court of Probate, and will not ordinarily be reversed.-Young v. Young, 5 Ind. 513.

5. A married woman may act as guardian.- Maxwell, ex parte, 19 Ind. 88; Hardin v. Helton, 50 id. 319.

[1867, p. 130. In force March 9, 1867.]

2525. Suit on bond. 2. Whenever such guardian has removed from the State of Indiana, suit may be brought upon his bond for any cause now allowed by law, without first discharging or removing him from such guardianship.

[1863, p. 12. In force October 10, 1863.]

2526. Marriage of female ward. 12. The marriage of any female ward to a person of full age shall operate as a legal discharge of the guardianship; and the guardian shall be authorized to account to the wife, with the assent of the husband.

1. The marriage of a ward to a husband of full age ends the guardianship; and an accounting to her, or her husband with her consent, is a legal discharge.— State v. Joest, 46 Ind. 235; Haines v. State, 60 Ind. 41.

[2 R. S. 1852, p. 321. In force May 6, 1853.]

2527. Who may sue on bond. 13. Any bond given by any guardian may be put in suit by any person entitled to the estate; and such suit shall be governed by the law regulating suits on the bonds of executors and administrators