« PrejšnjaNaprej »
plate or jewels belonging to any married woman shall be sold by her husband as his own property, to one who shall purchase the same bona fide, and without notice, actual or constructive, of the right of the wife thereto, such sale shall vest in such purchaser a good and valid title thereto.
Sec. 3. Any married woman, being upwards of eighteen years of age may dispose of her personal estate secured to her by this act, or any portion of the same, by last will and testament, executed in the manner in which other wills are by law required to be executed.
Sec. 4. Nothing in this act contained shall be construed to impair the rights of the husband upon the death of the wife as tenant by the curtesy; or in case of no last will and testament, as herein before provided, to deprive the husband of his right to administer upon the estate of his wife, with the same effect as by law provided; or to authorize any husband to give unto or settle upon his wife any of his property in any other manner or with any other effect than if this act had not been passed.
Sec. 5. The property secured to any married woman by this act shall be liable to attachment or levy for her debts, contracted before marriage, under the same circumstances, and with the same effect, as if she had continued sole and unmarried ; and nothing in this act contained shall be construed to impair any lien or right of lien thereon, or any remedy by law provided for the enforcement thereof.
Sec. 6. In all actions relating to the property of any married woman, secured to her by this act, the husband and wife shall jointly sue and be sued, except in case a trustee of the same be appointed as herein after provided ; and in case of recovery, by any husband and wife in any such action, the amount by them recovered may be invested in the name of the wife, in any of the kinds of property herein before described, with the same rights and effect as if the same had remained in the possession of the wife, whether the right of action accrued before or after marriage; and all such actions and rights of action shall survive the death of either husband or wife.
Sec. 7. The supreme court may, upon petition in equity to them by any married woman, filed by her through her next friend, appoint a trustee or trustees of her property, secured to her by this act, who shall be empowered, in his or their own name or names, as trustee or trustees, to sue for, recover and hold such property, to the uses by law provided; said trust to continue during the coverture of such married woman, unless by order of said court sooner determined. And said
court shall have full power to remove such trustee or trustees, and to appoint others in their stead, as in case of other trusts.
Sec. 8. Nothing in this act contained shall in any manner affect any property owned by any married woman before this act goes into effect.
An Act respecting Guardians.
SECTION 1. Minor fourteen years of age may support of ward, &c.-sell real estate,
choose his guardian-court of probate wood, timber, &c., in certain cases. may approve-in certain case appoint 12. Guardian to give notice of his appointanother.
ment-exhibit inventory-pay debts, 2. Court may appoint guardian to minor &c.- liable for neglects, by a suit on under fourteen years
bond. 3. Also, of lunatics, idiots, &c. 13. Creditor omitting to file his claim, 4. Guardian to be citizen of the state. barred, unless surplus property. 5. To give bond for faithful discharge of 14. No action to be sustained against
guardian within one year, unless, &c. 6. Court may require additional bond- 15. Guardian may submit claim to ref.
may remove guardian-may accept erees-demand not due may be filed, his resignation.
&c. 7. Application for appointment, &c., to 16. Court of probate to allow reasonable be in writing.
compensation to guardian. 8. Court, before proceeding to act, shall 17. Guardians of minors to take special give notice to parties.
charge of their education-guardian 9. Who are the only parties in certain of lunatics, &c., to educate their
children. 10. In what cases contracts of wards are 18. Property of minor not liable in hands void.
of guardian for certain debts. 11. Duties of guardian—apply income to | 19. Guardian may be appointed by will. It is enacted by the General Assembly, as follows :
Section 1. When any minor, being of the age of fourteen years or upwards shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to approve of any guardian chosen by such minor. If any such minor shall neglect to choose a guardian, being cited by such court so to do, or shall choose one of whom such court shall not approve, or one who shall neglect to give bond as is herein after required, within the time appointed by such court, in each of such cases said court may appoint a guardian for such minor, as if he was under the age of four
SEC. 2. When
When any minor under the age of fourteen years shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to appoint a guardian of the person and estate, or of the person or estate, of such minor.
Sec. 3. Whenever any idiot or lunatic, or person non compos mentis, or any person who for want of discretion in managing his estate, shall be likely to bring himself and family to want, and thereby to render himself and family chargeable, shall reside or have a legal settlement in any town, the court of probate of such town shall have the right to appoint a guardian of the person and estate of such person.
Sec. 4. No person shall be capable of being appointed or approved of as guardian, by any court of probate, who is not at the time of his appointment a citizen of and resident in this state.
Sec. 5. Every guardian appointed pursuant to this act shall, before he proceed to act as such, give bond to the court of probate appointing him, in such sum as they shall require, and with sureties satisfactory to them ; conditioned faithfully and duly to discharge his trust according to law, and to render a just and true account of his doings therein to such court annually, or whenever he shall be by said court thereunto required, or to his ward whenever he shall arrive at the age of twenty-one years, or whenever said guardianship shall be removed.
Sec. 6. Any court of probate may require additional bond or sureties of any guardian appointed or approved of by them, whenever they shall think proper, and in case of neglect or refusal to give the same may remove such guardian from his trust. They may also remove, in the manner prescribed by law, any guardian who, by reason of absence, sickness, insanity or other cause, shall become incapable of executing his trust, or who shall neglect or refuse to do the duties thereof, or who shall waste the estate of his ward; and they shall accept the resignation of any guardian, after he shall have accounted with said court for the estate of his ward in his hands.
Sec. 7. Every application to any court of probate for the approval, appointment or removal of a guardian, and every resignation of the trust of a guardian, shall be in writing.
Sec. 8. When any such application or resignation shall be made to any court of probate, such court, before they proceed to act thereon, shall cause a copy of such application, with a copy of their order of notice thereon, to be set up in some conspicuous place in the office of the town clerk of the town ; and shall cause all known parties interested in the matter, according to this act, who shall reside in this state, to be notified by a sheriff
, deputy sheriff, town sergeant, constable, or disinterested person, by the reading of a certified copy of such application and order, signed by the clerk of the court, in the presence and hearing of such interested party; or by leaving a copy thereof, certified by the officer or person charged with the service thereof, at the last and usual place of abode of such party.
SEC. 9. When application shall be made for the appointment, approval or removal of a guardian of a minor, the said minor and his parents shall be deemed the only parties interested therein; and when application shall be made for the appointment or removal of a guardian of a person of full age, such person shall be deemed an interested party, together with such others as the court of probate in any case shall adjudge to be interested.
Sec. 10. After the setting up of the notice in the town clerk's office, mentioned in the eighth section, and notice to the intended ward, all contracts, bargains and conveyances made by such intended ward, until the final action of the court of probate on the application, shall be null and void ; and all contracts, bargains and conveyances made by any person under guardianship shall be utterly void.
Sec. 11. It shall be the duty of every guardian approved of or appointed by a court of probate, to take suitable charge of the person over whom he shall be appointed guardian, and to improve his estate frugally and without waste, and to apply the income and profits thereof to the support and maintenance of the person to whom they shall belong, and his household or family, if any such there be. In case the personal estate and the income of the real estate of any person who shall be under guardianship as aforesaid shall not be sufficient to support him and his household or family, the said guardian shall petition the court of probate for liberty to make sale of so much of the real estate of such person, or of the wood or timber thereon standing and growing, or of the stone in the quarry, or of peat and coal, as may be necessary therefor.
Sec. 12. Upon the appointment or approval of any guardian as aforesaid, he shall give immediate notice thereof by advertisement, six successive weeks, in some newspaper printed in this state ; and shall also, at the same time, notify the creditors of his ward to exhibit their claims within six months from the date of said notice; within three months after his appointment, he shall exhibit to the court of probate an inventory of all the real and personal estate of his ward, to be taken by three suitable persons appointed by the court of probate, and sworn before said court or any magistrate to the faithful discharge of that trust. And he shall also, before making payment to any one, exhibit to said court a list of all the claims presented against his ward, noting thereon such as are allow
expenses; and if
ed by him, and such as are rejected in whole or in part; and it shall be the duty of the guardian to collect all the personal property of his ward, and sell and appropriate the same, or so much thereof as shall be necessary, at such time and in such manner as the court of probate shall direct, to the payment of all the debts of such ward, in equal proportions as aforesaid ; except that debts due to the United States, debts due to this state, and for state and town taxes, shall be first paid, and in the order in which they are named; and when it shall appear that the personal property is insufficient for the purposes aforesaid, he shall apply for liberty to sell so much of the real estate, or of the wood or timber thereon standing and growing, or of stone in the quarry, or of coal or peat thereon, as may be necessary to make up the deficiency with incidental
any guardian as aforesaid shall neglect to exhibit a true inventory of his ward's estate, or a list of the claims presented against his ward as above required, or shall neglect to apply the real and personal estate of his ward as aforesaid, to the payment of his debts as aforesaid, it shall be deemed a forfeiture of his bond given as aforesaid, and he shall be liable for an action thereon, by any creditor who may be damnified thereby, and judgment shall be entered as on administration bonds sued: provided, that no action shall be brought upon any such bond, for the benefit of any creditor, unless such creditor shall give security for costs, by endorsing the writ, or procuring some sufficient person to endorse the same if he be not an inhabitant of the state, who shall be liable in case the defendant recovers; and the court shall issue execution, as in other cases.
Sec. 13. Each creditor who neglects to exhibit his claim to the guardian, within the term of six months as aforesaid, shall be forever barred of all claim therefor against the guardian, unless there shall be surplus property in his hands, after paying all debts, and expenses and allowances, made by the court of probate, as in this act provided.
Sec. 14. No action shall be sustained against any guardian within twelve months after his appointment and notice thereof, unless the claim exhibited is wholly or in part rejected by the guardian; in which case the creditor may bring his suit forthwith, and shall be entitled to the whole, or a dividend if the estate should prove insolvent upon such sums as he may recover in such suit.
Sec. 15. Such guardian is hereby authorized to submit any disputed claim, whether in favor of or against his ward, to referees, whose decision shall be final between the parties ;