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Judge of the district court of the county in which such premises are situated, that the cash value of such premises exceeds, to the best of the creditor's information and belief, the sum of five thousand dollars, it shall be the duty of such Judge, upon notice to the debtor, to appoint three disinterested and competent persons as appraisers to estimate and report as to the value of such premises, and if the same exceeds said sum, whether they can be divided so as to leave the premises amounting to the homestead exemption without material injury. If it appear, Excess to be upon such report, to the satisfaction of the Judge, that the premises can be thus divided, he shall order the excess to be sold under execution. If it appear that the premises cannot be thus divided, and the value thereof exceeds the exemption ises to be allowed by this Act, he shall order the entire premises to be sold, when. sold, and out of the proceeds the sum of five thousand dollars to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution ; provided, that no Proviso. bid shall be received by the officer making the sale under five thousand dollars; and, provided further, that when the execution is against the husband, whose wife is living, the Judge may, in his discretion, direct the five thousand dollars to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and it shall possess all the protection against legal process and voluntary disposition of the husband as were the original homestead premises.

342. Sec. 4. The homestead and all other property ex-To revert in empt by law from sale under execution, shall, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his or her benefit and that of his or her legitimate child or children ; and in the event of there being no surviving spouse, or legitimate child or children of either, then the property shall be subject to administration and to the payment of his or her debts and liabilities; provided, that the exemption made by this Act and the Act of which it is amendatory shall not extend to unmarried persons, except Exemption when they have the care and maintenance of minor brothers or sisters, or both, or of a brother's or sister's minor children, or of a father or mother, or of grandparents, or unmarried sisters living in the house with them ; and in all such cases the exemption shall cease upon the cessation of the terms upon which it is granted ; and upon the death of such unmarried person, the property shall descend to his or her heirs, as in other cases, unless disposed of by will, subject to administration and the payment of debts and liabilities; and, provided Proviso. further, that no exemption to the surviving spouse shall be allowed in cases where the homestead declaration has been filed upon the separate property of either husband or wife, as provided in section one of this Act; provided, nothing in this Act shall be held or construed to in any manner affect existing rights or pending litigation ; but all such rights and litigation Litigation. shall be determined by the Act before in force, and of which this Act is amendatory.- As amended, Stats. 1879, 141.

case of death.

Estate of David Walley, 11 Nev. 260.


and descent to heirs.

How to con. vey when wife is insane.

Court to

543. Sec. 5. If the wife of any owner of a homestead shall be insane, and such owner shall desire to convey such homestead, or any interest therein, he may petition the district court in which such homestead may be situated for license to convey the same, and such court, upon reasonable and not less than twenty days notice of such petition to the kindred of such insane wife, residing in this state (which notice may be personal or by publication in some newspaper in the county, or directed by the court), may hear and determine such petition, and may license such owner to convey such homestead, or any interest therein, by his sole deed ; which license shall be recorded in the office where such homestead is recorded, and thereupon such sole deed shall have the same operation as if such wife had been sane and joined in such deed.

544. SEC. 6. On granting such license, such court may mike special

make such special order as to the investment or disposition of the funds derived from conveyance, as a court of chancery

could do in the case of the funds of married women. May appeal 345. Sec. 7. On the hearing of such petition for license,

any of such kindred may appear and be heard in the premises, and may appeal from any order made on the subject in the same mauner provided for other appeals from decrees of the district

court. Property not 546. Sec. 8. Nothing in this Act shall be so construed as sale for taxes. exempting any real or personal property from sale for taxes.

547. Sec. 9. In all cases wherein an amount or sum is stated in this Act, the same shall be held and regarded as so much money in gold coin.

Clark v. Shannon, 1 Vev. 568; Ilawthorne and Wife v. Smith, 3

Nev. 182; Dunker v. Checlic et als., 4 Nev. 378; Hopper v. Parkinson et al., 5 Ver. 233.


exempt from

Gold coin,

An Act entitled an Act to provide for the appointment and prescribe

the duties of guardians.

Approved November 29, 1831, 255.

Guardians, how appointed.

548. Section 1. The Probate Judge of each county, when it shall appear necessary or convenient, muy appoint guardians to the persons and the estates, or either of them, of minors who have no guardians legally appointed by will, and who are inhabit:mts or residents in the county, or who shall reside without the territory, and have any estate within the county. Such appointment may be made upon the application by petition of a relative, or any person interested in or befriending such minor. Before mai ing such appointment, the Judge shall cause such notice to be given to the relatives of the minor residing in the county, and to any person under whose care such minor may be, as he shall, on due inquiry, deem responsible.

of fourteen

eniiled to

549. Sec. 2. If the minor is under the age of fourteen When minor years, the Probate Judge may noninate and uppoint his guard-may uomiian; ånd if he is above the age of fourteen years, he may nominate his own guardian, who, if approved by the Judge, shall be appointed accordingly.

350. Sec. 3. If the guardian nominated by the minor When Judge shall not be approved by the Judge, or if the minor shall reside may appoint. out of the territory, or if, after being duly cited by the Judge, he shall neglect for ten days to nominate a suitable person, the Judge may nominate and appoint the guardian in the same manner as if the minor were under the age of fourteen years.

331. Sec. 4. When a guardian has been appointed by the Minor at age court for a minor under the age of fourteen years, the minor,

may appoint. at any time after he attains that age, may appoint his own guardian, subject to the approval of the Probate Judge.

552. SEC. 5. The father of the minor, if living, and in Parent case of his decease, the mother, while she remains unmarried,

guardianship being themselves respectively competent to transact their own business, and not otherwise unsuitable, shall be entitled to the guardianship of the minor.

553. Sec. 6. If the minor have no father or mother living Minor having and competent to have the custody and care of the education of no puremis such minor, the guardian so appointed shall have the custody and tuition of his ward.

354. Sec. 7. Every guardian appointed as aforesaid, shall Powers of have the custody and tuition of the minor, and the care and

guardian. management of his estate, until such minor shall arrive at the age of twenty-one years, or shall marry, or until the guardian shall be discharged according to law.

355. SEC. 8. Before the order appointing any person Bond of guardian, under this Act, shall take effect, and before letters shall issue, the Judge shall require of each person a bond to the minor, with sufficient sureties, to be approved by the Judge, and in such sum as he shall order; and when the penal sum of the bond exceeds two thousand dollars, each of the sureties may become liable for portions thereof, making in the aggregate the whole penal sum ; and said bond shall be conditioned that the guardian shall faithfully execute the duties of his trust according to law. And the following conditions shall be deemed to form a part of such bond, without being expressed therein : First-To make a true inventory of all the estate, real and personal, of his ward, that shall come to his possession or knowledge, and to return the same within such time as the Judge shall order. Second-To dispose of and manage all such estate according to law, and for the best interest of the Wurd, and faithfully to discharge his trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third-To render an account on outh of the property, estate, and moneys of the ward, in his hands, and all proceeds or interest derived therefrom, and of the management and disposition of the same, within three months after his appoint



ment, and at such other times as the court shall direct; and, fourth, at the expiration of his trust, to settle his accounts with the Probate Judge, or with the ward, if he be of full age, or his legal representatives, and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto. Upon tiling such bond, duly approved letters of guardianship shall issue to the person appointed. In form, the letters of guardianship shall be substantially the same as letters of administration, and the oath of the guardian shall be indorsed thereon, that he will perform the duties of his office, as such guardian, according to law.

536. Sec. 9. All the provisions of sections eighty to eightynine, inclusive, of the “Act to regulate the settlement of the estates of deceased persons," are hereby declared to apply to guardians appointed in pursuance of this Act, and to the bonds taken or to be taken from such guardians, and to the sureties on such bonds.

Act made applicable.

main Lauce

Henderson v. Coover et als., 4 Vev. 429. 557. Sec. 10. If any minor, who has a father living, has property, the income of which is sufficient for his maintenance and education in a manner more expensive than his father can reasonably afford, regard being had to the situation of the father's family, and to all the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property, in whole or in part, as shall be judged reasonable and shall be directed by the probate court; and the charges therefor may be allowed

accordingly in the settlement of the accounts of his guardian. Testamentary 558. Sec. 11. The father of any child who is a minor may, guardian.

by his last will and testament, appoint a guardian or guardians, of such child, whether born before or after the time of making such will, and in case of the death of the father, the mother of such child may, in like manner, appoint a guardian or guardians, if such child shall not then have any legally appointed guardian ; and every testamentary guardian shall give bond and qualify, and shall have the same powers, and perform the same duties, with regard to the person and the estate of such minor, as guardians appointed by the probate court, except as far as the said powers and duties may have been legally modified, enlarged or changed, by the will by which such guardian was appointed.

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of any insune person, or of any person who, by reason of extreme old age, or other cause, is mentally incompetent to manage his property, that such person is insane, or mentally incompetent to manage his property, said Judge shall cause à notice to be given to the supposed insune or incompetent person, of the time and place of hearing the case, not less than five days before the time so appointed ; and shall also cause such person, if able to attend, to be produced before liim on the hearing.

561. Sec. 14. If, after a full hearing and examination upon Proceedings such petition, it shall appear to the Probate Judge that the per-application. son in question is incapable of taking care of himself and managing his property, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

562. Sec. 15. Every guardian so appointed as provided in Powers and the preceding section, shall have the care and custody of the person of his ward, and the management of all his estate, until guardians. such guardian shall be legally discharged ; and he shall give bond to such ward, in like manner and with like conditions as before prescribed with respect to the guardian of a minor.

563. Sec. 16 Every guardian appointed under the pro-Debts of visions of this Act, whether for a minor or any other person, puid. shall pay all just debts due from the ward, ont of his personal estate, and the income of his real estate, if sufficient; and if not, then out of his real estate, upon obtaining an order for the sale thereof, and disposing of the same in the manner provided by law.

564. Sec. 17. Every such guardian shall also settle all settlement of accounts of the ward, and demand, sue for, and receive all debts due to him ; or may, with the approbation of the Probate Judge, compound for the same and give a discharge to the debtor, on receiving a fair and just dividend of his estate and effects; 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.

565. Sec. 18. Every guardian shall manage the estate of Management his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, for the comfortable and suituble maintenance and support of the ward and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtuining an order therefor, as provided by law, and shall apply the proceeds of such sale, as far as may be necessary,

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