necessary, for the comfortable and suitable maintenance of the ward CHAP. 110. and his family, if there be any; and, if the income and profits be unsufficient for that purpose, then from the principal; and, whenever any exigency, by law authorizing a sale of any real estate of the ward, shall occur, the guardian shall apply to some proper court for a license to sell the same, and shall apply the proceeds to the purposes contemplated by his license.

funds debts may

SECT. 20. Every such guardian shall pay all just debts, due From what from the ward, out of his personal estate, so far as it may prove be paid. sufficient, without disposing of effects, necessary for the use and 1821, 51, § 51. comfort of the ward and his family, if any; and, in case of deficiency 21 Pick. 36. thereof, then out of the real estate, as provided in chapter, one hundred and twelve.

SECT. 21.

14 Mass. 207.

the ward's ac

ian to appear 1821, 51, § 51.

for him in suits.

Such guardian shall also settle all accounts of the Settlement of ward, and demand, sue for, and receive all debts, due to him, or counts. Guardmay, with the approbation of the judge of probate, compound for the same, and give a discharge to the debtor upon such terms, as the judge of probate may authorize; and he shall appear for and represent his ward in all legal suits and proceedings, unless where another person is appointed for that purpose, as guardian or next friend.

SECT. 22. The guardian may join in, and assent to, a partition of the real estate of his ward, either upon a petition for partition or other legal process; and he may assign and set out dower in the said estate, to any widow entitled thereto, and may appoint an appraiser of real estate on any execution, either against, or in favor of his ward.

Guardian's pow

ers, in reference in special cases. Pick. 382.

to real estate,

2

Sales, and in

funds, by order

1821, 51, § 56.

SECT. 23. Any judge of probate, in his county, on the appli- vestments of cation of a guardian, or of any person interested in the estate of of the judge. any ward, after notice to all other persons interested, may authorize or require the guardian, to sell or transfer any stock in the public funds, or other personal property, held by him as guardian, and to invest the proceeds of such sale, and also all other moneys in his hands, in real estate, or in any other manner that shall be most for the interest of all concerned; and the judge may make such further order, and give such directions, as the case may require, for managing, investing, and disposing of the effects in the hands of the guardian, or for buying in any particular estate, or remainder, or reversion, or mortgage or other incumbrance, upon any real estate belonging to the ward.

Married wo

men, not to be guardians, nor husbands, in 1821, 51, § 54.

right of wives.

Of the removal

of guardians.

SECT. 24. No married woman, during her coverture, shall be appointed guardian of any minor or other person; and, if any female guardian be married after any such appointment, her authority, as such, shall cease; neither shall her husband become guardian in her right. SECT. 25. The judge of probate may dismiss any guardian of 1821, 51, § 55. a minor or other person, whenever it shall appear necessary, or on the request of such guardian, and, if the case require it, appoint another guardian in his place; provided, that the judge, previously to any such removal, except by request of the guardian, shall give fourteen days notice to such guardian, to appear and shew cause to the contrary.

CHAP. 110. Guardianship over female

minors ceases, on marriage of wards.

Guardians to settle with judge, at least once in three years.

1830, 470, § 10.

7 Pick. 47.

Consequences

of neglect of such duty.

SECT. 26. On the marriage of any female ward, under the age of twenty one years, the authority of her guardian, as such, shall

cease.

SECT. 27. Every guardian shall render and settle his account with the judge of probate, at least once in three years, and as much oftener, as the judge may cite him for that purpose.

SECT. 28. On neglect or refusal to settle his account, as aforesaid, such guardian shall be deemed to have broken the condition of his bond, and shall be liable to be removed therefor, notwithstanding the ward may be indebted to him; and he shall also forfeit all allowance for his personal service, unless it appear to the judge, 1830, 470, 10. that such neglect arose from sickness or other unavoidable accident. SECT. 29. On the settlement of every guardianship account, except when intended, as a final one, the judge shall examine the bond of the guardian, and if it be found insufficient, either in amount, or in the responsibility of the sureties, he shall require a new and sufficient one. Should such bond not be given, as required, the guardian shall be removed and a new one appointed in his place.

4 Mass. 106.

1 Greenl. 186.

On settlement, bond to be ex1830, 470, § 10.

amined.

4 Mass. 106.

Accounts by two or more

SECT. 30. When an account is rendered by two or more joint joint guardians. guardians, the judge of probate may, in his discretion, allow the same upon the oath of any one of them.

Disabilities of persons over twenty one

years of age, when under guardianship.

12 Mass. 488.

18 Pick. 115.

SECT. 31. Whenever a person above the age of twenty one years, for any cause specified in this chapter, shall have had a guardian, appointed over him by any judge of probate, he shall be deemed incapable of disposing of his property otherwise than by 1821, 51, 51. his last will, or of making any contract, until otherwise adjudged by the court of probate, notwithstanding the death or resignation or removal of the guardian; and in such case a new guardian may be appointed, without further intervention from the selectmen. Whenever, on application of any such person or otherwise, the judge shall find, that such guardian is no longer necessary, he shall order the property of the ward, remaining undisposed of, to be restored to him, excepting such legal compensation, as the guardian is authorized by law to receive for his services.

Guardianship of persons out of the state, grant

of

SECT. 32. The guardianship, which shall be first lawfully granted any person, residing without the state, shall extend to all the ed in one coun- estate of the ward within the same; and shall exclude the juristy only, for the diction of the probate court in every other county.

state. Guardians appointed, and next friends al

lowed by courts

in suits at law. 3 Pick. 213, 280.

8 Pick. 552.

SECT. 33. Nothing, contained in this chapter, shall impair or affect the power of any court of common law, probate court, or justice of the peace, to appoint a guardian to defend the interests of any minor, or other incapacitated person, in any suit pending in such court, nor their power to allow or appoint any person, as next friend of such minor or incapacitated person, to commence, prosecute, or defend any suit in his behalf.

CHAP. 111.

CHAPTER 111.

OF TESTAMENTARY TRUSTEES.

SECT. 1. Of the bonds required, and their SECT. 8. How the property shall vest in

their condition.

1821, 51, § 58.

22 Pick. 215.

SECTION 1. Every person, who shall be appointed a trustee for Of the bonds minors or others, under any last will, excepting such as are exempted required, and by the succeeding sections of this chapter, shall, before entering on the duties of his trust, give bond, with sufficient surety or sureties, to the judge of probate for the county in which the will shall have been proved, and in such sum as the judge shall prescribe, with condition as follows:

First. That he will faithfully execute such trust, according to the will of the testator, so far as consistent with law;

Secondly. That he will make a true and perfect inventory of the real estate, goods and chattels, rights and credits of such minors, or others, to be returned into the probate office of such county, at such time as the judge shall order;

Thirdly. That he will render to such judge an account of the income and profits thereof, and of his payments and expenses, once in three years, and oftener, if thereto required by the judge;

Fourthly. That, at the expiration of such trust, he will adjust and settle his accounts with the 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 and others, with which he may have been entrusted, to the persons, entitled thereto.

quired.

SECT. 2. In the following cases, bonds shall not be required of When bonds such trustee, unless for special reasons the judge shall determine it may not be reto be necessary; but all trustees, not required to give bond, shall 1821, 51, § 58. settle their account with the judge of probate annually: First. When the testator shall have requested or directed, that In such cases, such bond should not be required;

Secondly. When all the parties interested in the trust fund, if of full age and legal capacity, shall, in writing, signify to the judge of probate their request, that such bond should not be required; Thirdly. When the trustee, not being before required to give bonds, shall have entered upon the duties of his trust, before the taking effect of the provisions of this chapter.

9 Pick. 395. 22 Pick. 215.

settlements to be annual.

SECT. 3. Every person, appointed a trustee as aforesaid, who Trustees negshall neglect to give such bond, within such time, as the judge of lecting to give

59

bonds, considered, as declin

CHAP. 111. probate shall allow for that purpose, shall be considered, as having declined the trust.

ing the trust. 1821, 51, § 59. When a trustee may resign.

SECT. 4. Every such trustee may, upon his own request, be allowed to resign his trust, when it shall appear, to the judge of 1821, 51, § 60. probate, proper to allow the same.

No person required to accept a trust as executor, &c.

of a former trustee.

SECT. 5. No person, succeeding to such trust, as executor or administrator of a former trustee, shall be required to accept or retain the same, against his will.

SECT. 6. When any trustee, appointed either by the testator or When a trustee the judge of probate, shall become insane, or otherwise incapable may be remov- of discharging his trust, or evidently unsuitable therefor, the judge 1821, 59, § 62. may, upon notice to such trustee and all others interested, remove him, and appoint another in his stead.

ed.

When vacan

cies may be filled by the judge.

SECT. 7. When any person, appointed a trustee, shall decline or resign the trust, or shall die, before the objects thereof are accom1821, 59, 61. plished, if no adequate provision is made, by the will, for supplying such vacancy, the judge of probate shall, after notice to all persons interested, appoint a new trustee, to act, alone, or jointly with others, as the case may be.

12 Pick. 445.

How the property shall vest

in new trustees. 1821, 59, § 61.

Judge may or

ces.

SECT. 8. Every trustee, appointed by the judge of probate, under the provisions of this chapter, shall have and exercise the same powers, rights and duties, whether as a sole or joint trustee, as if he had been originally appointed by the testator; and the trust estate shall vest in him, in like manner, as it did or would have vested in the trustee, in whose place he is substituted.

SECT. 9. The judge may order such conveyances to be made der conveyan- by the former trustee or his representatives, or by the other remaining trustees, as may be proper, to vest in the trustee, newly appointed, either alone, or jointly with others, the estate and effects, as the case may be.

Of bonds and inventory, as

SECT. 10. Every trustee, appointed by the judge of probate, shall, before entering upon the duties of his trust, give bond, in the required by the judge. manner prescribed in the first section; excepting only, that the 1821, 51, § 62. judge may dispense with the making and returning of an inventory by any substituted trustee, whenever he shall think such inventory unnecessary; in which case, the condition of the bond shall be altered accordingly. Without the acceptance of such bond by the judge, no right nor authority shall vest in the said trustee.

Appraisal.

Courts may au

or investment

of personal property, and

the sale or purchase of real es

SECT. 11. In all cases, when an inventory is required to be returned by any trustee, the estate and effects shall be appraised by three suitable persons, to be appointed and sworn, as is prescribed by law, with respect to the estate of a deceased testator or intestate.

SECT. 12. The judges of probate, having jurisdiction of the thorize the sale trust, in their respective counties, and also the supreme judicial court, in any county, may, on the application of the trustee, or of any person interested in the trust estate, after notice to all other persons interested therein, authorize or require the trustee to sell any stock in the public funds, or in any corporation, or any other personal estate or effects, held by him in trust; and to invest the proceeds of such sale, and also any other trust moneys in his hands, in real estate, or in any other manner, that shall be most for the interest of

tate.

all concerned therein; they may also authorize the sale of real CHAP. 111. estate, held as aforesaid, and give such further directions, as the case may require, for managing, investing and disposing of the trust fund, subject to any provisions contained in the will, respecting such fund; and provided, this section shall not restrain the exercise

any powers, given by the terms of the will.

SECT. 13. The said courts, respectively, may hear and deter- Chancery powmine, in equity, all other matters relating to the trusts mentioned ers.

parties inter

SECT. 14. Any bond, given by a trustee, as provided in this Bonds to be for chapter, may be put in suit by order of the judge of probate, for the use of all the use and benefit of any person interested in the trust estate; and ested. the proceedings in such suit shall be conducted in the manner prescribed in chapter, one hundred and thirteen, with respect to bonds given by administrators.

CHAPTER 112.

OF SALES OF REAL ESTATE BY EXECUTORS, ADMINISTRATORS, GUARD-
IANS, AND OTHERS, UNDER SPECIAL LICENSE OF COURT.

SECT. 1. When the judges of probate may | SECT. 19. Evidence of notice of sale, how