A Treatise on the American Law of Guardianship of Minors and Persons of Unsound Mind

Cover
Little, Brown, and Company, 1897 - 581 Seiten
 

Inhalt

The Natural Guardianship of Father and Mother under American Statutes
53
Testamentary Guardians in the United States
59
Page 39
62
Guardian ad Litem and Prochein
63
Functions of Next Friends and Guardians ad Litem
69
Guardians in Socage
73
Guardians in General
75
CHAPTER IV
78
Courts having Power to appoint Guardians
79
Local Jurisdiction of Courts to appoint Guardians
80
Domicil as affected by Acts of the Guardian
83
Appointment of Guardians to Nonresident Infants
86
Circumstances authorizing the Appointment of Guardians
88
Right of Infants to select their Guardians
93
Right of Parents to Preference in the Appointment
95
Considerations determining the Selection
98
Disqualifications for the Office of Guardian
103
Procedure in Appointing Guardians to Minors
107
Effect of the Appointment
111
Revocation of Guardianship 78 80 82 86 88 91
117
CHAPTER V
118
Guardianship Bonds in Probate Courts
121
Bonds of Testamentary Guardians
124
Requisites of a Sufficient Guardians Bond
127
Extent of Liability of Sureties on Guardians Bonds
129
Duration of Liability of Sureties on Guardians Bonds
137
Relative Liability of Sureties on Successive Bonds of Guardians
142
Right to Contribution between Cosureties on Guardians Bonds
146
Sureties bound by Judgments against the Guardian
149
Judgments against Guardians Sureties directly
155
TITLE SECOND OF THE FUNCTIONS OF GUARDIANS CHAPTER VI
158
Guardians Right to Custody of his Ward
159
Guardians Duty in Respect of the Education and Maintenance of his Ward
162
Distinction between Capital and Income in defraying the Ex penses of Education and Maintenance 160
165
Ward
169
Religious Instruction of Wards
171
CHAPTER VII
172
Guardians Power to convert his Wards Estate
174
Reducing the Wards Property into Possession
180
142
182
The Guardians Right to
183
Power of Guardians to Contract for their Wards
185
Actions in Behalf of Infants
191
146
193
CHAPTER VIII
196
Guardians Duty in Respect of his Wards Real Estate
200
Guardians Duties in Respect of the Wards Personal Estate
204
Guardians Duty to Invest the Funds of his Ward
207
Statutory Provisions touching the Investment of Funds
211
Investment in Confederate Securities
217
182
284
185
285
188
290
Payment of the Purchase Money
299
Application of the Purchase Money
301
Partition and Sale of Undivided Lands descending to Heirs or Devisees
303
192
305
Sale of Real Estate of Minors by Foreign Guardians
309
TITLE FOURTH OF THE GUARDIANS ACCOUNTING CHAPTER XII
312
151
313
Inventories
318
Intermediate Accounting under American Statutes
319
Effect of Intermediate Accounting
325
CHAPTER XIII
327
Accounting on Termination of Guardianship
329
Final Accounting before the Cessation of the Wards Disability
330
Accounting on Wards Death or Marriage
335
Statement of the Account
339
Procedure in Accounting
343
What the Guardian is Liable for in his Final Accounting
345
Credits for Support and Education of Wards
348
Credits for Disbursements in the Management of the Estate
350
Compensation for Guardians Services 345 348 350
355
Accounting
356
Order Discharging Guardians 107 Effect of Settlements in pais and Acquittances by the Ward
360
Reviewing Opening and Setting aside Final Settlements
363
196
365
Enforcement of the Judgment or Finding of the Court on Final
367
200
368
Appeals in Proceedings Affecting Minors
373
OF THE GUARDIANSHIP OVER PERSONS OF UNSOUND
375
CHAPTER XV
387
360
389
363
396
Commissions of Lunacy in Chancery
405
204
415
The Inquisition as Evidence
423
Supersedeas of the Commission on Restoration
429
207
432
211
434
215
436
Guardianship of Nonresidents of Unsound Mind
441
Bond to be given by Guardians of Persons of Unsound Mind
447
CHAPTER XVIII
463
TITLE SEVENTH
501
218
502
INDEX
529
370
546
220
550
372
578

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Seite 391 - In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trial by an impartial jury...
Seite 288 - ... the same shall not be avoided on account of any irregularity in the proceedings...
Seite 423 - And, if a purchase is made in good faith, without any knowledge of the incapacity, and no advantage has been taken of the party, courts of equity will not interfere to set aside the contract, if injustice will thereby be done to the other side, and the parties cannot be placed in statu quo, or in the state in which they were before the purchase(c).
Seite 488 - ... the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management as, in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.
Seite 199 - It matters little to an orphan child whether his interests are sacrificed and his prospects blighted by well-meaning Ignorance or by wilful malice. Either Is within the definition of misconduct, a word which applies not to the motive, .but to the act
Seite 374 - A lunatic or non compos mentis, is one who hath had understanding, but by disease, grief, or other accident, hath lost the use of his reason.
Seite 36 - The proper definition of a person in loco parentis to a child is that of a person who means to put himself in the situation of the lawful father of the child, with reference to the father's office and duty of making a provision for the child.
Seite 294 - A commissioner, or other officer making a sale, as prescribed in this title, or a guardian of an infant party to the action, shall not, nor shall any person, for his benefit, directly or indirectly, purchase, or be interested in the purchase of, any of the property sold ; except that a guardian may, where he is lawfully authorized so to do, purchase for the benefit or in behalf of his ward. The violation of this section is a misdemeanor ; and a purchase, made contrary to this section, is void.
Seite 503 - Majesty may be endangered by reason of the insanity of such person, it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal for the time being, to...
Seite 470 - ... for the management of his estate, for the support and maintenance of his family, and education of his children, out of the proceeds of such estate ; to set apart and reserve for the payment of debts, and to let, sell, or mortgage any part of such estate, real or personal, when necessary for the purposes above specified.

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