Secs. 9386-9390 APPEALS Any executor, administrator or creditor, Blanks Nos. 4451 to 4457 may appeal from the decision and report of the commissioners on claims, to the circuit court, or from the order of the probate court within sixty days of filing of such report or the making of such order, whenever a claim to the amount of twenty dollars or over has been allowed or disallowed by the commissioners or by the courts. In case of an appeal by a claimant, he shall give a bond, to be approved by the probate judge, conditioned to prosecute his appeal to effect and to pay such damages and costs as may be awarded against him. Secs. 669-675 Any person aggrieved by any order, sentence or denial of a judge of probate may appeal therefrom to the circuit court for the same county, by filing a notice thereof with the judge of probate within sixty days from the date of the act appealed from, with his reasons for such appeal, together with a bond to be approved by the judge, conditioned for the diligent prosecution of such appeal and the payment of all such damages and costs as may be awarded against him. ASSIGNMENT OF DOWER Secs 8925-8927 When a widow is entitled to dower in Blanks Nos. 4421 to 4427 lands of which her husband dies seized, and her right to dower is not disputed by the heirs or devisees, or any person claiming under them, it may be assigned to her, in whatever counties the lands may lie, by the judge of probate for the county in which the estate is settled, upon the petition of the widow or any other person interested in the lands. As to the requirements of the petition see Rule X. Notice of the hearing upon the application must be given to the persons interested in such manner as the court shall direct. On the day of hearing, the court if satisfied of the truth of the facts set forth in the petition, will appoint three discreet and disinterested persons as commissioners to set off the dower of the widow in metes and bounds in the real estate described by the petition, and will issue to them a warrant authorizing them to act. The commissioners must fix the time and place of their meeting and give notice thereof in writing to the parties interested at least ten days previous to the time appointed. They must be sworn to the faithful discharge of their duties. At the time appointed for their meeting they are to appraise at the cash value the several pieces of real estate described in the petition and to admeasure and set off to the widow, quantity and quality being considered, a one-third part for her use during her lifetime. They should at once make a report of their doings, with an account of their charges and expenses, to the probate court, and such report, after the expiration of eight days from date of filing, may be confirmed by the court as provided by Rule VIII. A certified copy of the warrant and report and the order confirming shall be recorded in the office of the register of deeds. One-half of the cost of the proceedings shall be paid by the widow and the other half by the adverse party. * PARTITION OF REAL ESTATE Secs. 9446-9464 Blanks Nos. 4435 to 4440 Whenever the real estate assigned to two or more heirs, devisees or legatees shall be in common and undivided, and the widow's dower shall have been assigned and set off to her, partition may be made by three discreet and disinterested persons to be appointed as commissioners in partition by the probate court. Notice of the hearing upon the petition for such partition shall be given as the court may order. On the day set for hearing the court if satisfied of the truth of the petition, will appoint commissioners who are to be sworn to the discharge of their duty. They will fix a time and place of meeting, give notice thereof to the parties interested, make a report of their proceedings in the same manner as in case of commissioners appointed to admeasure the dower of a widow. A copy of their report, when confirmed, shall be recorded in the office of the register of deeds. Secs. 691-696 P. A. 1899, P. 396 Blanks Nos. 4476 to 4481 TRUSTEES The duties of a trustee are so varied that it would be impossible to give any proper statement of their responsibilities in a pamphlet of this nature. It is It is sufficient to state, that it is the intent of the law where a will is admitted to probate, that the debts of the deceased be ascertained and paid as soon as possible, and the last will of the deceased be construed and a trustee appointed, if necessary, to carry out any provisions of the will which do not come within the strict limitations of the administration proper. An executor or an administrator with the will annexed should not act as trustee under the will until he has been properly appointed for that purpose. * * DETERMINATION OF LEGAL HEIRS Secs. 9469-9471 Blanks Nos. 4501 to 4504 When any person shall have died, having title to any land in this state, or whenever a conveyance be or shall have been made to the heirs, minor heirs or legal representatives of any deceased person, it shall be lawful for any person or persons claiming an interest in said lands, to apply to the probate court of the county where the lands are located, to adjudicate and determine who are or were the legal heirs, minor heirs or legal representatives of said deceased person, and entitled to the lands of which the deceased died seized, or the lands embraced in the conveyance or grant made to the heirs-at-law, minors or the legal representatives of such person. A petition must be made to the court, notice of the hearing upon the petition given by publication, and upon the day of hearing, if sufficient evidence is produced, the court may make an order determining who are or were the heirs-at-law of the deceased and entitled by the laws of this state to inherit the real estate of the deceased. A certified copy of the order is prima facie evidence of the facts therein stated and may be recorded in the office of the register of deeds of the county in which such lands may be located. P. A. 1913, P. 721 As before noted, under the head of accounts and closing estates, the legislature has provided that any order made by the court in the final settlement of an estate, determining who are the heirs-at-law of a deceased person, may be recorded in the register of deeds in any county where the deceased owns real eatate, and such order, or the record thereof, shall be prima facie evidence of the facts therein stated. GUARDIANSHIP OF MINORS Secs. 8697-8708 Blanks Nos. 4601 to 4631 The judge of probate in each county may appoint guardians to minors and others being residents in the same county, and also to such as reside without the state and have any estate within the same. As to requirements of the petition, see Rule V, Section I. If a minor is under the age of fourteen years the judge may nominate and appoint his guardian; if he is above the age of fourteen years, he may nominate his own guardian, who, if approved by the judge, shall be appointed. When a minor above the age of fourteen years shall reside more than ten miles from the place of holding the probate court, his nomination made in writing and signed by himself may be certified to the judge of probate by a justice of the peace, or by the township clerk of the township in which such minor resides. The guardian is required to file a bond, make an inventory of all property received by him belonging to such minors, have the same appraised, and make annual accounts of his trust. He may settle with the minor when he shall have reached the age of twenty-one years, and file a final account and the receipt of the minor and be discharged. INCOMPETENTS AND SPENDTHRIFTS Secs. 8709-8735 Blanks Nos. 4626 to 4631 When the relations or friends of any insane person, or of any person, who by reason of old age or any other cause, is mentally incompetent to have the charge and management of his property, shall apply to the judge of probate to have a guardian appointed for him, the judge shall set a day of hearing, and notice thereof must be given the alleged incompetent and his nearest relatives and presumptive heirs-at-law at least fourteen days before the day of hearing. As to requirements of petition and manner of serving notice see Rule V. Section II. The guardian appointed is required to file a bond, make an inventory, have the property appraised, and render annual accounts until he shall be legally discharged. Secs. 8712-8714 Guardians for spendthrifts and habitual drunkards may be appointed under similar proceedings as for appointment of a guardian of a mentally incompetent person. Every guardian shall manage the estate of his ward frugally and without waste, and apply the income and profits therefrom toward the payment of the debts and also for the comfortable support and maintenance of the ward. In case of a minor, it is his duty to see that a sufficient provision is made from the estate for the education of his ward. HABITUAL DRUNKARDS P. A. 1913, P. 133 Any resident of this state, who shall be an Blanks Nos. 5610 to 5613 habitual drunkard, or so addicted to the excessive use of intoxicating liquors or narcotic drugs as to need medical or sanitary treatment and care, may have a guardian of his or her person appointed by the judge of probate of |