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Office, have

Probate Office, shall choose a guardian, such minor may have from Probate that choice certified to the Judge by any Justice of the Peace their choice cerin the same county: Provided, No executor or administrator of Peace, c on an estate, shall be appointed guardian to any minor in

terested therein.

tified by Justice

minors to re

in 3 months.

SEC. 47. Be it further enacted, That every guardian, who Guardians to shall be appointed to any minor having real estate, goods and turn inventory chattels, rights or credits, shall be required to return upon oath into the Probate Office, a true and perfect inventory of all such real estate, goods and chattels, rights and credits, within three months.

in certain cases

tenant in dower

owning the re

mainder.

SEC. 48. Be it further enacted, That the guardian of any Guardians may, minor having a right in reversion or remainder in and to any purchase of estate set off to the widow of any deceased person, as and for her right for her dower, may, with the consent of the Judge of Probate benefit of minor having jurisdiction of the settlement of such estate, purchase version or refrom the tenant in dower or her assigns, her or their interest in the same, for the benefit of such minor, and from his or her personal estate. And all monies, so applied, may by such guardian, be charged to such minor in account; and all the rents and profits of such estate shall be credited to the minor, in like manner as the rents and profits, which arise from his or her other estate: Provided always, That it be satisfactorily Proviso. proved to the Judge of Probate, that such purchase will be for the manifest advantage of such minors.

point
to non compos,

Selectmen

inquisi

them to be in

SEC. 49. Be it further enacted, That the Judges of Probate, Judges to ap within their respective counties, upon request made by the guardians friends, relations or creditors of any idiot, non compos, or luna- lunatic, idioms, tic person, or by the Overseers of the poor in such town where such idiot, non compos, or lunatic person lives, or is an inhabitant, may direct the Selectmen of such town to make inquisition thereinto, and if the person said to be an idiot, lunatic or distracted person, shall be adjudged by the Selectmen of the town, (or the major part of them,) where such person re-if seq sides, to be incapable of taking care of him or herself, and in, cerfy they shall certify the same under their hands, to the Judge, capable, &c. the said Judge of Probate after giving due notice to such idiot, non compos, or lunatic person, shall be empowered to appoint some suitable person or persons to be guardian or guardians to such idiot, lunatic, non compos, or distracted person, directing and empowering such guardian or guardians to take Guardians, so care of the person and estate, both real and personal, of suche case of the person, to make a true and perfect inventory of the said es-tae, and retate upon oath, to be returned into and filed in the Probate Office in such county. SEC. 50. Be it further enacted, That the Judges of Probate Proceedings in their respective counties, are authorized and empowered, suspeered of upon the complaint of any heir, creditor or other person hav-of property be ing lawful right or claim in expectancy to the estate of any ots, non commaidiot, lunatic, non compos, or distracted person, or the guardian

appointed, to

persons and es

ura inventory,

&c.

against persons

longing to idipos, &c.

Guardians of

such persons to

estate frugally,

and support

bly

&e.

previously contracted.

or guardians, to proceed with any person or persons suspected of concealing, embezzling, or conveying away any of the money, goods or chattels of such idiot, lunatic, non compos, or distracted person, in the same way and manner as is by law prescribed for persons suspected of concealing, embezzling, or conveying away the money, goods or effects of deceased

persons.

SEC. 51. Be it further enacted, That the guardian or guarmanage their dians appointed as aforesaid, shall improve frugally and without waste and destruction, the estate of the idiot, non compos, the comforta lunatic, or distracted person, and apply the annual income and profits thereof for the comfortable maintenance and support of the said idiot, lunatic, non compos, or distracted person, and also of his or her household or family; and the said leet deb, guardian or guardians are hereby empowered to settle accounts, receive, sue for, and recover all just debts due to the said idiot, lunatic, non compos, or distracted person, from any person or persons whomsoever, and to manage, improve or divide the real estate in as full and ample a manner as the said idiot, lunatic, non compos or distracted person might or could do, were he restored to the full use of his reason; and and pay debts shall also be subject to the payment of all just debts owing by such person which were contracted before his distraction, out of his personal estate, or in case that be insufficient, then out of the real estate, being first empowered to make sale thereof by any Court having power to grant license for that purpose, in the way and manner executors or administrators are empowered to make sale of the real estate of deceased persons. And in case the income or improvement of the perfor license to sonal and real estate of such persons shall not be sufficient to if necessary: support them, the Court aforesaid may license and authorize the guardians to make sale of the whole or part of the real estate of such person for that purpose, as occasion may require. And in case any such idiot, lunatic or distracted person shall be restored to the use of his reason, the residue and son, &c. or if remainder of the estate, real and personal, shall be returned and delivered to him, or in case of his death, to his heirs, executors or administrators; the guardian or guardians having first such reasonable allowance out of the same for their charge and trouble as the Judge of Probate shall order. Judge may ap SEC. 52. Be it further enacted, That the Judges of Profor the children bate in their respective counties may appoint guardians for of lunatics, &c. the children of lunatics, idiots, non compos, or distracted persons, in the same manner as though their parents were dead. Judge may ap SEC. 53. Be it further enacted, That when any person by To spendthrifts, excessive drinking, gaming, idleness or debauchery of any kind, shall so spend, waste or lessen his or her estate, as thereby to expose himself or herself, or his or her family to want; or shall by thus spending, wasting or lessening his or her estate, endanger or expose the town to which he or she belongs,

Apply to courts

sell real estate,

and account

with their

wards, if restored to reá

dead, with

their heirs, &c.

point guardians

point guardians

idlers, &c.

ceedings in

spend brifts af

for guardian to

cases.

in the judgment of the Selectmen thereof, to charge or expense for the maintenance or support of him or her, or his or Mode of proher family, such Selectmen, or the major part of them, shall such cases. make a complaint in writing to the Judge of Probate for the county to which the person so spending, wasting or lessening his estate, doth belong; and if it shall appear to the said Judge of Probate, that the person complained of comes within the description of this Act, and has had due notice of the complaint exhibited against him or her, the said Judge of Probate shall appoint the said Selectmen, or the major part of them, or some suitable and discreet person or persons, guardian or guardians, to such person. And whenever the Selectmen of Conveyances by any town, or a major part of them, shall make application to ter application the Judge of Probate for the appointment of a guardian to any Judge, to be person, who by excessive drinking, gaming, idleness, or de- void in certain bauchery, is wasting his estate, and the Judge of Probate shall, by his decree, order notice to the person complained against, the complainants may file a copy of their said complaint, with the order of the Judge of Probate thereon, in the office of the Register of Deeds for the same county, or after the appointment of such guardian, if no such copy shall have been so filed as aforesaid. And in case a guardian shall be appointed by the Judge of Probate to the person complained against, all and every gift, bargain, sale, or transfer of any real or personal estate, made by such person or persons, after the filing of the copy of said complaint and order of the Judge of Probate, with the Register of Deeds, shall be void and of no effect. And the guardian or guardians that may be thus appoint- Guardians of ed, shall, in discharging the duties of their appointment, pur-&c. subject to sue the same method, give like bond and be under similar obli- like duties, &c. gations for a faithful discharge of their trust, as guardians ap- idiots, &c. pointed for any idiot, lunatic, or for persons non compos mentis. SEC. 54. Be it further enacted, That when a feme sole, Feme sole, apshall be appointed by any Judge of Probate either by herself, an, to lose her or jointly with any other person or persons, guardian to any being married. person, either minor, idiot, non compos, distracted, or lunatic; and after such appointment, shall marry, such marriage shall not make the baron guardian in her right, but shall operate as an extinguishment or determination of such woman's power and authority.

spendthrifts,

as guardians to

pointed guardi

authority by

miss guardians

SEC. 55. Be it further enacted, That any Judge of Probate Judge may dis may dismiss any guardian of a minor, idiot, non compos, or when necessa lunatic person, or of persons who spend their estates by ex-ry. cessive 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.

Guardians not

to transfer

longing to

their wards

from Judge of Probate.

SEC. 56. Be it further enacted, That before any guardian stocks &c. be- shall transfer or draw from any loan office, bank, insurance office or other corporation, any loan office certificate, or share without license in such bank, insurance office, or other corporation, or any stock in any public fund, belonging to the ward of 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.

Judge may

to administer

SEC. 57. Be it further enacted, That in any case where the grant dedimus oath of an executor, administrator, or guardian, is or may be oaths to exeen required by law to be made personally before the Judge of tor, administra- Probate, to an inventory, or to any account which is to be ans in certain settled by such Judge, and such executor, administrator, or

tor, and guardi

cases.

Trustees of es

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 or Pates of minors may be constituted trustees of any estate, real, personal or pointed by will, mixed, belonging to minors or other persons, to whom such tive bond to estate has been or may be devised, in trust for such minors or

and others, ap

Judge.

Condition of such bond.

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, eases in which 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,

Previsions as to

bonds shall not be required.

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 property of minors and others to give bond in certain cases," made and passed on the twentyfifth 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.

ing to give bond,

SEC. 59. Be it further enacted, That any person who has Trustees refusbeen, or shall be constituted a trustee as aforesaid, and who how to be proshall neglect or refuse to give bond as aforesaid, shall be con- ceeded with. sidered 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 trustees 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.

tain cases may

resign.

SEC. 60. Be it further enacted, That any trustee appointed Trustees in cereither 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.

of vacancy of

SEC. 61. Be it further enacted, That in case any person who In certain cases has been, or shall be appointed a sole trustee; or any two or one or more more persons, who have been or shall be appointed joint trus- trustees by tees in any last will, no provision being therein made for per- wise, Judge to petuating such trust, and such sole trustee or any one or more in their places.

death or other

appoint others

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