A guardian can not be appointed for unknown minor heirs. State, ex rel., v. MeLaughlin, 77 Ind. 335.

Non-resident minors may have guardians appointed for them in the county where they may have an estate situate. Maxwell v. Campbell, 45 Ind. 360.

The father is the natural guardian of his minor children, and he can only be deprived of the custody thereof by some proceeding authorized by law. State, ex rel., v. Banks, 25 Ind. 495; Lee v. Back, 30 Ind. 148; Henson v. Walts, 40 Ind. 170; McGlennan v. Margowski, 90 Ind. 150; Brooke v. Logan, 112 Ind. 183.

A widowed mother is the natural guardian of minor children residing with her. Ohio, etc., R. R. Co. v. Tindall, 13 Ind. 366.

A married woman may be appointed a guardian with the consent of her husband, but it should appear that he is also a suitable person to act as guardian. Ex parte Maxwell, 19 Ind. 88.

2674. (2513.) Minor over fourteen may select.-2. If the minor be over the age of fourteen years, such minor shall have the right to select a guardian, and, if the person so selected shall be a suitable person, such person shall be appointed. But if such minor shall fail to select a suitable person, an appointment shall be made without reference to the wishes of such minor. Such selection may be proved to the satisfaction of the court or clerk making the appointment, without the personal attendance of such minor.

2675. (2514.) No removal, except for cause.-3. When a guardian has been appointed for any minor under the age of fourteen, such guardian shall not be removed when such minor arrives at the age of fourteen, except for good cause shown.

A guardian can only be removed after a ward arrives at fourteen years of age, for good cause and after notice to such guardian. Dibble v. Dibble, 8 Ind. 307.

[1881 S., p. 527. In force September 19, 1881.]

2676. (2515.) Statement-Bond-Oath.-4. Before any person shall be appointed guardian of any minor, he shall file, in the office of the clerk of the court having such appointment to make, a statement, in writing, of the whole estate of said minor, and the prob able value thereof, specifying the value of the personal property and real estate separately, and also specifying the probable value, if any, of the annual rents and profits of such real estate; and shall verify the same by affidavit; and shall give bond, with two or more resident freehold sureties, who shall be bound jointly and severally in said bond, payable to the state of Indiana in penalty double the amount of such personal property and four times the annual value of such rents and profits, conditioned for the faithful discharge of his duties as such guardian, to be approved by the clerk or court making such appointment; and shall take an oath that he will faithfully and honestly discharge the duties devolving upon him as such guardian.

See section 2691.

A failure to file a statement as to the estate of a minor will not render the appointment of a guardian void. Lee v. Ice, 22 Ind. 384.

Persons who sign a bond are bound thereby although their names are not in the body of the bond. Potter v. State, ex rel., 23 Ind. 550.

Sureties on a bond can not set up that others were to sign the bond before it was to

become effective. Hunt v. State, ex rel., 53 Ind. 321; State, ex rel., v. Gregory, 119 Ind. 503.

The sureties on a bond executed at the time of the appointment of the guardian are liable for funds received from all sources, except from the sale of lands. Hunt v. State, ex rel., 53 Ind. 321.

Sureties on the bond of a guardian executed at the time of his appointment are not liable for the proceeds of sales of lands. Colburn v. State, ex rel., 47 Ind. 310.

Sureties on bonds of guardians undertake that their principals shall properly account for money received under such bonds, and the burden is upon them to show such fact. State, ex rel., v. Page, 63 Ind. 209; Yost v. State, ex rel., 80 Ind. 350.

Sureties are only liable for the subsequent acts of the guardian, and they may show that any defalcation charged occurred prior to the execution of the bond. Lowry v. State, ex rel., 64 Ind. 421; Williams v. State, ex rel., 89 Ind. 570; Parker v. Medsker, 80 Ind. 155.

Estates of sureties are liable for the default of a guardian occurring after the death of the surety. Voris v. State, ex rel., 47 Ind. 345.

The sureties upon general additional bonds of guardians are liable, either separately on such bond or jointly with the sureties upon a former bond, for all funds covered by such bonds. Allen v. State, ex rel., 61 Ind. 268.

Sureties on the bond of a guardian are released by their discharge in bankruptcy. McDonald v. State, ex rel., 77 Ind. 26.

Failure to name a penalty in a bond, or to formally approve the same, will not invalidate such bond. State, ex rel., v. Britton, 102 Ind. 214; Britton v. State, ex rel., 115 Ind. 55.

Sureties on bonds of guardians are not estopped by reports made by such guardians. Lowry v. State, ex rel., 64 Ind. 421.

Sureties on bonds of guardians are not liable beyond the penalty named in such bonds. Meadows v. State, ex rel., 114 Ind. 537.

The obligors can not deny the validity of the bond on account of error of the clerk in fixing the penalty thereof. Peelle v. State, ex rel., 118 Ind. 512.

[2 R. S. 1852, p. 321. In force May 6, 1853.]

2677. (2516.) Defective bond.-5. Such guardian's bond shall not be void on account of any informality, illegality or defect, either formal or substantial, in the same; nor on account of any defect, informality or illegality in the appointment of such guardian; but shall have the same force and effect as if such appointment had been legally made and such bond legally executed.

Defects and omissions in the bonds of guardians are cured by statute. Potter v. State, ex rel., 23 Ind. 550; Stevenson v. State, ex rel., 71 Ind. 52; Fee v. State, ex rel., 74 Ind. 66; Hurlburt v. State, ex rel., 71 Ind. 154; Britton v. State, ex rel., 115 Ind. 55; Peelle v. State, ex rel., 118 Ind. 512.

2678. (2517.) Discharge of sureties.-26. Sureties in the bond of any guardian may be discharged from future liability therein under the same rules and regulations prescribed for the discharge of the sureties in the bond of executors and administrators; and all enactments on that subject shall apply to guardians and guardians' bonds and sureties.

See section 2407.

When sureties are released from the bond of a guardian they continue liable for all acts of the guardian done before such release. State, ex rel., v. Page, 63 Ind. 209; Yost v. State, ex rel., 80 Ind. 350.

[Acts 1889, p. 282. In force May 10, 1889.]

2679. (E. S. 281.) Guardianship docket-Entries.-1. It shall be the duty of the clerk of the circuit court in each county in this state to enter upon a proper docket to be provided for that purpose at the expense of the county, to be called guardianship docket, a complete list of all the guardianships pending in such county, showing the date of issuing letters, name and residence of guardian, amount of bond, names and residences of securities on the bond, date of last amount of funds in hand of guardian, as shown by said last report, and condition of sureties on bond, as to solvency or insolvency, at the commencement of each regular term of the circuit court hereafter, and also whether or not the sureties have incumbered or disposed of their real estate since the execution of the bond.

2680. (E. S. 282.) Examination of bonds-Duty of court.-2. It shall be the duty of the judge of the circuit court in each county in this state, at each regular term of said court, to cause the guardianship docket to be called through in open court and inquire carefully into the solvency or insolvency of the sureties on each bond, and where it shall appear that the bond of any guardian is insufficient to secure the funds in his hands, or that any guardian has failed to make a report for two years as required by law, it shall be the duty of such court to cause notice to be served upon such guardian requiring said guardian to appear in open court and file a new bond to the approval of the court within ten (10) days from the service of said notice, when such bond is so found to be insufficient, or to make proper report in such trust within such time as the court may fix, to be named in the notice, and if such guardian shall fail to file said new bond within said ten (10) days from the service of said notice, or shall fail to make said report within such time as said court may order, or show cause to the satisfaction of the court why the same should not be done, said court shall remove said guardian from said trust: Provided, That if it shall appear that any guardian has become a non-resident of the state of Indiana so that the notice above provided for can not be served upon him, it shall be the duty of such court to remove said guardian without notice.

2681. (E. S. 283.) Clerk's fees.-3. The clerk of said circuit court shall be allowed a fee of twenty-five cents in each estate for entering the same upon said guardianship docket, and ten cents for each term any guardianship may remain on said docket after the first term, to be taxed as costs in the guardianship in which said service is rendered, but said fee of twenty-five cents shall only be charged once in each guardianship.

[2 R. S. 1852, p. 321. In force May 6, 1853.]

2682. (2518.) Custody-Tuition - Management of estate.-6. Every guardian so appointed shall have the custody and tuition of such minor, and the management of such minor's estate during minority, unless sooner removed or discharged from such trust: Provided, That the father of such minor (or if there be no father, the

mother, if suitable persons respectively) shall have the custody of the person and the control of the education of such minor.

Guardians of minors who have no parents are entitled to the custody and control of their wards. Bonnell v. Berryhill, 2 Ind. 613; Johns v. Emmert, 62 Ind. 533.

The father of a minor is entitled to the custody thereof as against its legal guardian unless such father is deprived of such custody in some appropriate proceeding. Brooke v. Logan, 112 Ind. 183; McGlennan v. Margowski, 90 Ind. 150; Bryan v. Lyon, 104 Ind. 227; State, ex rel., v. Banks, 25 Ind. 495.

If a parent is able to support and educate his child he will not be allowed to charge the same against the estate of the child. Haase v. Roehrscheid, 6 Ind. 66; Glidewell v. Snyder, 72 Ind. 528.

Guardians can only use the estate of their wards for the support and education thereof, when there is no parent able and willing to furnish such support and education. State, ex rel., v. Roche, 91 Ind. 406; State, ex rel., v. Roche, 94 Ind. 372.

Wards should be kept employed when able and not attending school, and when so engaged their means may be used for their support. State, ex rel., v. Clark, 16 Ind. 97; Marquess v. La Baw, 82 Ind. 550.

A guardian may compel an executor to pay to the guardian out of the estate of the ward, a sufficient sum to pay for the support and education of the ward when such estate may be so used. Miller v. Duy, 36 Ind. 521.

Generally a guardian can not charge for the board of a ward when the ward is a member of the family of the guardian. Marquess v. La Baw, 82 Ind. 550.

It is the duty of a guardian to furnish a support for his ward or to pay others for such support when they are entitled thereto. Rooker v. Rooker, 60 Ind. 550.

Guardians may sue to recover possession of the personal property of their wards. Boruff v. Stipp, 126 Ind. 32; Meiser v. Smith, 2 App. 37.

Guardians may sue in their own names to collect debts due their wards. Harshman v. McBride, 2 App. 382.

2683. (2519.) Guardian by will.-7. When a guardian has been appointed by will, by a father or mother of any child, such guardian shall be entitled to preference in appointment over all others, without reference to his place of residence or the choice of such minor; but his appointment and duties and powers shall, in all other respects, be governed by the law regulating guardians not appointed by will.

When a guardian appointed by will fails to qualify, the court should appoint another person as guardian. Davidson v. Koehler, 76 Ind. 398.

2684. (2520.) Guardian ad litem-Next friend.-8. All courts shall have power to appoint a guardian ad litem, to defend the interests of any minor impleaded in any suit; and to permit any person, as next friend, to prosecute any suit in any minor's behalf.

See section 259.

When the legal guardian appears in actions against wards a guardian ad litem need not be appointed. Hughes v. Sellers, 34 Ind. 337.

A guardian ad litem can not waive service of process on minors, and process must be served before such guardian is appointed. Pugh v. Pugh, 9 Ind. 132; Carver v. Carver, 64 Ind. 194; Roy v. Rowe, 90 Ind. 54.

2685. (2521.) Guardian's duties.-9. It shall be the duty of every guardian of any minor

First. To make out, and file within three months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and, failing so to do, it shall be the duty of the proper court to remove him, and appoint a successor.

Guardians must comply with the statute relative to the filing of inventories, whether the statute was passed before or after their appointment. Markel r. Phillips, 5 Ind. 510.

Guardians may be removed for failing to file inventories as required by law. Kimmel v. Kimmel, 48 Ind. 203; Wood v. Black, 84 Ind. 279; Ex parte Cottingham, 124 Ind. 250.

This clause applies to guardians appointed to succeed former guardians as well as guardians appointed in the first instance. Wood v. Black, 84 Ind. 279.

It is much in the discretion of the court to remove a guardian for failing to file an inventory. Johnson v. Metzger, 95 Ind. 307.

If a guardian fails to file an inventory as required by law, he may be removed without notice. Ex parte Cottingham, 124 Ind. 250.

Only nominal damages can be recovered for failure to file an inventory unless actual damages are shown. Buchanan v. State, ex rel., 106 Ind. 251.

Second. To manage the estate for the best interests of his ward. It is the duty of a guardian as far as practicable to keep the funds of his wards so invested that they will draw interest, and to use due care in making investments. State, ex rel., v. Sanders, 62 Ind. 562.

Use by a guardian of the funds of the ward in his own business is a conversion of such funds. State, ex rel., v. Sanders, 62 Ind. 562; Lowry v. State, ex rel., 64 Ind. 421.

A guardian may be authorized to borrow money to pay liens on the lands of the ward, and when money is so used a claim therefor may be asserted against the ward's estate. Ray v. McGinnis, 81 Ind. 451.

Third. To render, on oath, to the proper court, an account of his receipts and expenditures as such guardian, verified by vouchers or proof, at least once in every two years; and failing so to do, he shall receive no allowance for services, and be liable to his said ward, on his bond, for ten per cent. in damages on the whole amount of estate, both real and personal, in his hands belonging to such ward.

Wards can not sue a guardian and recover the funds in his hands for failure to make reports while he is still acting as guardian, but it may be that ten per cent, on such funds may be so recovered. Ely v. Hawkins, 15 Ind. 230.

In all actions for breaches of the bonds of guardians the measure of damages is regulated by this clause. Richardson v. State, ex rel., 55 Ind. 381.

See Baldridge v. State, ex rel., 69 Ind. 166; Stroup v. State, ex rel., 70 Ind. 495; Kinsey v. State, ex rel., 71 Ind. 32; Peelle v. State, ex rel., 118 Ind. 512.

If guardians fail to comply with this clause the penalty herein prescribed may be enforced. Eiceman v. State, ex rel., 75 Ind. 46.

When a guardian fails to render his accounts as required by this clause he forfeits his right to compensation. State, ex rel., v. Parrish, 1 App. 441.

Fourth. At the expiration of his trust fully to account for and pay over to the proper person all of the estate of said ward remaining in

his hands.