tiage shall not make the baron guardian in her right, but shall operate as an extinguishment or determination of such woman's power and authority.

dismiss guar

SEC. 55. Be it further enacted, That any Judge of Pro- Judge may bate may dismiss any guardian of a minor; idiot, non compos dians when or lunatic person, or of persons who spend their estates by necessary. excessive drinking, idleness or debauchery, whenever it shall appear to the said Judge, to be necessary or expedient, and to appoint some other guardian in his place: Provided always, That no such guardian shall be dismissed as aforesaid, before he shall have had notice in writing, from said Judge, fourteen days at least before the time of hearing, to appear and show cause why he should not be so dismissed.

to transfer

without license

SEC. 56. Be it further enacted, That before any guardi- Guardians not an shall transfer or draw from any loan office, bank, insur- stocks, &c. ance office or other corporation, any loan office certificate, their wards belonging to or share in such bank, insurance office or other corporation, from Judge of or any stock in any public fund, belonging to the ward of Probate. such guardian, it shall be the duty of such guardian to obtain license so to do, from the Judge of Probate of the county where such guardian has been or shall be appointed; and upon neglect thereof, such guardian shall be removed from office, and shall be considered as having forfeited his probate bond.

adminis

grant dedimus

utor, adminis

guardians in certain cases.

SEC. 57. Be it further enacted, That in any case where Judge may the oath of an executor, administrator or guardian, is or to administer may be required by law to be made personally before the oaths to execJudge of Probate, to an inventory, or to any account which trator, and is to be settled by such Judge, and such executor, trator or guardian, shall be unable by reason of sickness, bodily infirmity or otherwise, to attend before such Judge, it shall be lawful for such Judge by commission of dedimus potestatem, to authorize any disinterested Justice of the Peace to administer such oath, a certificate whereof shall be returned to such Judge, together with such commission and inventory or account and the vouchers to prove the same.

SEC. 58. Be it further enacted, That all persons who are Trustees of or may be constituted trustees of any estate, real, personal estates of mior mixed, belonging to minors or other persons, to whom ers, appoint

nors and oth

Condition of

such bond.

ed by will, to such estate has been or may be devised, in trust for such give bond to Judge. minors or other person, by the last will and testament of any person, shall, except in the cases hereinafter mentioned, give bond to the Judge of Probate of the county in which such last will and testament has been or shall be proved, approved and allowed, with sufficient surety or sureties within the State, in such sum as the said Judge shall order, conditioned for the faithful execution of such trust according to the true intent and meaning of the testator; and that the trustee shall make a true and perfect inventory of the real estate, goods and chattels, rights and credits of such minors or others, to be returned, filed and recorded in the Probate office of such county at such time as the said Judge shall order, and that the said trustee will annually render an account to the said Judge of the annual income and profits thereof; and at the expiration of such trust will adjust and settle his accounts with the said Judge, and will pay and deliver over all balances and sums of money or other property that may be due, and give possession of the other estate belonging to such minors or others with which such trustees may have been entrusted: Provided nevertheless, That no trustee, so long as he shall continue faithfully to execute the trust, shall be obliged to give bond as aforesaid, in any case in which the testator in his last will shall have directed or requested, that such bond should not be given, nor in any case, in which all the cestui que trusts being of full age, and legal capacity, shall signify to the Judge of Probate his or her request, that such bond should not be taken: And provided also, That no person appointed a trustee before the passing of this Act, and having entered upon the execution of the trust without having given bond as aforesaid, shall be obliged to give such bond, or be subject to any of the requirements of this Act, unless after being cited to appear before the said Judge upon complaint in writing, it shall appear to the said Judge upon a full hearing, that it is necessary that such bond should be given in order to secure the faithful execution of such trust: And provided also, That such bond shall not be required of any such trustee who entered upon the execution of his trust before the passing of an Act, entitled, " An Act requiring the trustees of the prop

Provisions as

to cases in

which bonds

shall not be required.

erty of minors and others to give bond in certain cases," made and passed on the twenty fifth day of February in the year of our Lord one thousand eight hundred and eleven, and who has continued and shall continue faithfully to execute his trust: And provided also, That nothing in this or in either of the following sections shall be construed to take away any of the powers which are now by law vested in the Supreme Judicial Court.

bond, how to

with.

SEC. 59. Be it further enacted, That any person who has Trustees re been, or shall be constituted a trustee as aforesaid, and who fusing to give shall neglect or refuse to give bond as aforesaid, shall be be proceeded considered as having declined the acceptance of such trust; and the trustee or trustees who may be appointed by the Judge of Probate as is hereinafter provided, shall and may thereupon be authorized to demand and receive of the trus tees originally appointed as aforesaid, all such estate as may have come to their hands by virtue of such trust, and to manage, pay and deliver over such property to said minors and others, in the same manner and under the same restrictions, obligations and duties as guardians are now by law obliged to do.

certain cases may resign,

SEC. 60. Be it further enacted, That any trustee appoint- Trustees in ed either by the testator as aforesaid, or by the Judge of Probate, shall upon request in writing to the said Judge be permitted to resign the trust, first accounting for, and paying and delivering over such estate as shall have come to his hands by virtue of such trust, to such other person as the said Judge shall appoint a trustee in his stead: Provided always, That no such resignation except in the case of an executor or administrator who shall succeed to such trust upon the decease of his testator or intestate, shall be accepted and allowed, unless it shall clearly appear to the said Judge to be expedient and proper.

SEC. 61. Be it further enacted, That in case any person who has been, or shall be appointed a sole trustee; or any two

In

certain casof one or more

es of vacancy

trustees by death or other

appoint others

or more persons, who have been or shall be appointed joint trustees in any last will, no provision being therein made for wise, Judge to perpetuating such trust, and such sole trustee or any one or in their places. more of such joint trustees shall decline the acceptance of the trust, or shall die either before or after having accepted

Judge may remove trustees,

appoint oth

ers.

Trustees so substituted to

the trust, or shall neglect or refuse to comply with the previsions of this Act; the respective Judges of Probate shall, after notice to the cestui que trusts, appoint one or more suitable persons to be trustee or trustees in the place of the trustee or trustees, so dying or declining to accept as aforesaid; and any trustee or trustees appointed by the Judge of Probate shall be holden and bound by the provisions of this Act, in the same manner as if he or they had been so appointed in and by such last will; and the estate, so given in trust by such last will shall vest in the trustee or trustees so appointed by the said Judges of Probate, in like manner to all intents and purposes as the same vested in the original trustee or trustees under such last will.

SEC. 62. Be it further enacted, That when any trustee, whenever dis- appointed either by any testator or by any Judge of Proqualified, or unsuitable, and bate, shall, in the opinion of the Judge of Probate, be disqualified for the discharge of the trust, by becoming non compos mentis or otherwise incapable or evidently unsuitable for the execution of such trust, it shall be lawful for the said Judge, after notice to such trustee, and the parties interested in the trust estate to remove such trustee, and to appoint and substitute another in his stead. And whenever any give bond, &c. person shall be appointed and substituted as a trustee by the Judge of Probate as aforesaid in the place of any former trustee, who may either have been removed from office or have deceased, or have declined or resigned the trust as aforesaid, the person so appointed and substituted by the said Judge, shall give bond with sufficient surety or sureties, and shall be held to perform all the duties prescribed in the fifty eighth section of this Act: Provided however, That it shall be in the discretion of the said Judge to direct an inventory to be made and returned or not, by such new trustee, who in no manner whatever shall be deemed a trustee, or authorized to act as such, until such bond shall be given. SEC. 63. Be it further enacted, That whenever the sureties in any bond given to the Judge of Probate, shall be evisureties are in- dently insufficient for he purposes of such bond, the application of Judge of Probate, on the petition of any person interestested-after ed, and after due notice to the principal and sureties on such giving notice: bond, shall have authority to require from time to time new

Judge to require new bonds, when

sufficient, on

persons inter

and may re

quire new sureties apply,

bonds with sufficient surety or sureties in the case; and whenever any surety or sureties on any bond given to the Judge of Probate, shall, at any time after six years from the date of such bond, petition the Judge of Probate, that he or sureties, if they may be discharged from any further responsibility up- &c.: on such bond, the said Judge after due notice to all persons interested, may in their discretion discharge such surety or sureties from all further responsibility on such bond, and the said principal or principals shall in all such cases be required to procure other sufficient surety or sureties upon such bond, or upon a new bond to be given to the Judge of Probate for the purpose. And if such principal or and remove principals shall not within such time as shall be ordered by from their trust said Judge, give such new bonds as may be required by virtue comply with hereof; he, she or they shall be removed from their trust, and some other person or persons shall be appointed in his, her or their stead.

such as do not

such order.

ed from all de

to Supreme

month, and

complied with.

When and

SEC. 64. Be it further enacted, That any person aggriev- Appeal allow ed at any order, sentence, decree, or denial of any Judge crees, orders, of Probate in any county, may appeal therefrom to the said c. of Judge, Supreme Court of Probate: Provided, Such appeal be claim- Court, ed within one month from the time of making such order, if claimed sentence, decree or denial, and bond be given and filed in within one the Probate office by the appellant, within ten days after conditions,&c. such appeal shall be claimed and granted, for the prosecution thereof to effect, at the next Supreme Court of Probate, and for paying all intervening costs and damages, and such costs as the said Supreme Court of Probate shall tax against him. And such appeal shall be taken notice of, and pro- how such apceeded upon at the next term of the Supreme Judicial Court, peals are to be prosecuted; which shall be holden next after the expiration of thirty and mode of four days after such appeal shall be made, within and for the county where such order, sentence, decree or denial was made; and the appellant shall file the reasons of appeal, in the Probate Court appealed from, within ten days after the bond is given, and shall serve the adverse party or parties with an attested copy of such reasons, fourteen days at least before the sitting of the said Supreme Court of Probate, at which the trial is to be had. And when it shall appear from the reasons of appeal, that the sanity of the testator, or the

trial, &c.