§ 6. The wife shall not be endowed of land sold but not conveyed by the husband before marriage; nor of land sold bona fide after marriage to satisfy a lien or incumbrance created before marriage, or created by deed in which she joined, or to satisfy a lien for the purchase money. But if there is a surplus of the land or proceeds of sale after satisfying the lien, she shall have dower or compensation out of such surplus, unless the surplus proceeds of sale were received or disposed of by the husband in his lifetime. § 7. A conveyance or devise of real or personal estate, by way of jointure, may bar the wife's dower; but, if made before marriage without her consent, or during her infancy or after marriage, she may, within twelve months after her husband's death, waive the jointure by written relinquishment acknowledged or proved before and left with the clerk of the county court, and have her dower. When sho so demands and receives her dower, the estate conveyed or devised in lieu thereof shall determine, and revert to the heirs or representatives of the grantor or devisor. § 8. Where the wife is lawfully deprived of her jointure, or any part thereof, and not by any act of her own, she shall have indemnity there for by way of dower or damages, out of her husband's estate. § 9. The wife shall be entitled to one third of the rents and profits of her husband's dowable real estate, from his death until dower is assigned; and she shall hold the mansion house and curtilage without charge therefor, until dower is assigned to her out of the estate devised or descended. § 10. Whether the recovery is against the heir, or devisee, or purchaser from the husband, the wife shall be endowed according to the value of the estate when received by the heir, devisee, or purchaser, so as not to include in the estimated value any permanent improvements he has made on the land. Against the heir or devisee or his alienee, her claim for rent shall not exceed five years before suit; and against a purchaser from the husband, shall only be from commencement of suit. In either case it shall continue up to final recovery. If, after suit brought, the widow or tenant dies before recovery, the damages may be recovered by her representative and against his heirs, devisees, and representative. § 11. The wife shall not be barred of dower by reason of any judgment or decree rendered by default or collusion against the husband, if she would be entitled to dower had there been no such judgment or decree. Nor shall an heir be bound by any collusive or ex parte assignment of dower made to her, except so far as she shows herself to have been justly entitled thereto. 1851. 1851. § 12. Where the lands are not severally held by different devisees or purchasers, it shall not be necessary to assign dower out of each separate portion, but an equitable allotment may be made in one or more parcels, in lieu of the whole. § 13. If the husband held land by executory contract only, the wife shall not be endowed of the land, unless he owned such equitable right at his death. § 14. Where any real estate or slave is conveyed or devised to husband and wife, unless a right by survivorship is expressly provided for, there shall be no mutual right to the entirety by surviviorship between them; but they shall take as tenants in common, and the respective moieties be subject to curtesy or dower with all other incidents to such a tenancy. § 15. A divorce bars all claim to curtsey or dower. § 16. If any stock in any of the banks or other corporations of this state is taken for or transferred to any female, and it is expressed on the face of the certificate or transferbook of such stock that it is for the exclusive use of such female for her annual support, no husband she then has, or may thereafter have, shall take any interest in such stock or the dividends thereon; and the same, at her death, shall pass to her heirs; but, if unmarried, she may dispose of it by will, or, if married, so dispose of it with the consent of her husband, or without such consent, if so provided in the deed or will creating the trust. She may also receive the dividends, and give acquittances therefor, though married; but she shall not in any way anticipate the same; nor shall any dividend be paid upon an order or power given by her before the same is declared. § 17. If real or personal estate be hereafter conveyed or devised for the separate use of a married woman, or for that of an unmarried woman, to the exclusion of any husband she may thereafter have, she shall not alienate such estate with or without the consent of any husband she may have; but may do so when it is a gift, by the consent of the donor or his personal representative. Such estates, heretofore created, shall not be sold or encumbered but by order of a court of equity, and only for the purpose of exchange and reinvestment, for the same use as that of the original conveyance or devise; and the court shall see that the exchange or reinvestment is prop erly made. § 6. The wife shall not be endowed of land sold but not conveyed by the husband before marriage; nor of land sold bona fide after marriage to satisfy a lien or incumbrance created before marriage, or created by deed in which she joined, or to satisfy a lien for the purchase money. But if there is a surplus of the land or proceeds of sale after satisfying the lien, she shall have dower or compensation out of such surplus, unless the surplus proceeds of sale were received or disposed of by the husband in his lifetime. § 7. A conveyance or devise of real or personal estate, by way of jointure, may bar the wife's dower; but, if made before marriage without her consent, or during her infancy or after marriage, she may, within twelve months after her husband's death, waive the jointure by written relinquishment acknowledged or proved before and left with the clerk of the county court, and have her dower. When sho so demands and receives her dower, the estate conveyed or devised in lieu thereof shall determine, and revert to the heirs or representatives of the grantor or devisor. § 8. Where the wife is lawfully deprived of her jointure, or any part thereof, and not by any act of her own, she shall have indemnity there for by way of dower or damages, out of her husband's estate. §9. The wife shall be entitled to one third of the rents and profits of her husband's dowable real estate, from his death until dower is assigned; and she shall hold the mansion house and curtilage without charge therefor, until dower is assigned to her out of the estate devised or descended. § 10. Whether the recovery is against the heir, or devisee, or purchaser from the husband, the wife shall be endowed according to the value of the estate when received by the heir, devisee, or purchaser, so as not to include in the estimated value any permanent improvements he has made on the land. Against the heir or devisee or his alienee, her claim for rent shall not exceed five years before suit; and against a purchaser from the husband, shall only be from commencement of suit. In either case it shall continue up to final recovery. If, after suit brought, the widow or tenant dies before recovery, the damages may be recovered by her representative and against his heirs, devisees, and representative. § 11. The wife shall not be barred of dower by reason of any judgment or decree rendered by default or collusion against the husband, if she would be entitled to dower had there been no such judgment or decree. Nor shall an heir be bound by any collusive or ex parte assignment of dower made to her, except so far as she shows herself to have been justly entitled thereto, 1851. 1851. nominate a suitable person, or resides out of the state, or if the testamentary guardian fails for three months to qualify, the court may appoint a guardian of its own selection. § 8. During any vacancy in the office of guardian by reason of non-appointment, death, removal, or suspension of a guardian, the court may, from time to time, appoint and remove a curator, who shall give a covenant with surety similar to that required from a guardian. § 9. The powers, duties, and resposibilities of such curator shall be the same as those of a guardian. § 10. Any one damaged by the act or omission of a guardian or curator as such, may sue as relator upon his covenant; and with the assent of the county court, or of a court of chancery, any one may sue thereon as next friend of the ward before he has attained full age. § 11. When a guardian shall become insane, move out of the state, become incapable of discharging the duties of his trust, or evidently unsuited therefor, the court, after notice to him, may remove him; or when it appears proper, the court inay permit him to resign his trust, if he first settles his acounts and delivers over the estate as by the court directed, and in either case, or upon his death, appoint another guardian. § 12. The marriage of a female ward shall operate as a discharge of the guardianship, and entitle her to demand a settlement with her guardian. § 13. The court may also remove a guardian for failing to make a settlement of his accounts as required by law, or as may be required by the court, or for failing to give additional security when required. §14. The court shall annually inquire into the solvency of sureties for guardians; and if at any time it has cause to believe that the sureties of a guardian are insolvent or in failing circumstances, it shall, after summoning the guardian, require him to give additional security. § 15. Upon the appplication of the surety of any guardian and after summoning the guardian, the court may, if it believes him to be insolvent or in doubtful circumstances, require him to give counter security to his surety; and on his failing to do so, remove him or order the estate of the ward to be paid over to a new guardian or a curator. ARTICLE II. Power and duty of Guardian. § 1. A guardian shall, within sixty days after his appointment, return to the court, or to its clerk in vacation, a true and perfect inventory of the real and personal estate of the ward, signed by him and verified by his affidavit. If other estate shall afterwards come to his knowldage, he shall return a supplementary inventory thereof within sixty days from the time of obtaining such knowledge. § 2. For failure to make such return within such times, the court may remove the guardian. §3. The inventory shall describe the real estate and where situated, with its probable value, and the probable value of its rent; also, the name, age, and sex of each slave, with its probable value and hire; and also, a list of all other personal property, including debts due the ward, with the probable value. § 4. The inventory shall be recorded, and the clerk shall, in the months of January and July of every year, present the court with a list of such guardians as shall have failed to return an inventory or to settle their accounts; and the court thereupon shall summon any delinquent, coerce performance of his duty, or remove him, holding him personally responsible for the costs of the proceeding. § 5. A guardian shall discharge the liabilities of the ward for the debts of his ancestor out of his personal estate other than slaves; and when the personal estate with the rents of the real estate and hire of slaves are not sufficient therefor, he may, by leave of the county court, sell slaves for that purpose. He shall, also, receive and sue for the debts and demands owing to the ward, defend suits against him, and with leave of the court may compound a debt or demand. § 6. A guardian shall also have power to sell any of the personal estate of the ward other than slaves, and he may sell slaves with leave of the court when the interest of the ward may seem to require the sale to be made. He may lease any real estate of the ward, till the ward shall arrive at full age; but no such lease shall be made for a longer term than seven years. He may also renew any beneficial lease which the ward may hold as tenant for years, and keep the real estate in proper repair. §7. A guardian shall have the custody of his ward, and the possession, care, and management of the ward's estate, real and personal, and out of the estate shall provide for the necessary and proper maintenance and education of the ward. § 8. The father of the minor, if living, or if dead, the mother, if suited to the trust, shall be allowed by the court to have the custody, nurture, and education of the ward. § 9. No disbursement shall be allowed the guardian for the maintenance and education of the ward beyond the income of the estate, except in the following cases, unless authorized by the deed or will under which the estate is derived: First, when the ward is of such tender years or infirm health that he cannot be bound out as an apprentice, or no suitable person will take him as such; and Secondly, when it is best for the ward that the principal of his personal estate shall be applied for his board and 1851. |