Guaranties.

Guardianship.

826. Guaranty of Rent, etc.

IN CONSIDERATION of the letting of the premises above described(i) [or, for value received], I guarantee the punctual payment of the rent [and performance of the covenants] in the above agreement mentioned to be paid and performed by said lessee, without requiring any notice of non-payment or non-performance, or proof of notice or demand being made, whereby to charge me therefor.

[Date.]

[Signature.]

827. Guaranty Given To Stop Legal Proceedings.

A. B. & Co. having, at my request, agreed to discontinue the proceedings instituted by them against Y. Z., .to enforce payment of dollars due by him to them, I hereby, in consideration thereof, guarantee the payment of that sum, and of [Date.]

costs, within

days from date.

[Signature.]

828. Guaranty of Performance of Contract.

IN CONSIDERATION of the sum of one dollar to me in hand paid by Messrs. A. B. & Company, the receipt whereof is hereby acknowledged, I do hereby guarantee, promise and agree to and with them, that the above-named M. N. will well and faithfully perform and fulfil every thing by the foregoing agreement on his part and behalf to be performed and fulfilled, at the times and in the manner above provided. And I do hereby expressly waive and dispense with any demand upon the said M. N., and any notice of any non-performance on his part. [Signature.] [Date.]

CHAPTER XLI.

GUARDIAN AND WARD.

In general, the father is guardian by nature, until the child arrive at the age of twenty-one; but by common law this is a guardianship of the person only and gives no right or control over the child's property, real or personal. But

notice, it is not to be implied. Sterns v. depends upon the circumstances of the Marks, 35 Barb., 565.

If the condition of a guaranty is, that the creditor shall proceed by "due course of law" for the collection of the debt, it is enough that he prosecutes all ordinary legal measures, with good faith and reasonable diligence, in point of time; the loss of a term does not of necessity discharge the guarantor. What is laches

case. Thomas v. Woods, Cow., 178; and see Mains v. Haight, 14 Barb., 76.

(2) A guaranty, written beneath a lease, and stating that it is made "in consideration of the demise of the premises above mentioned," sufficiently expresses a consideration. McKensie v. Farrell, 4 Bosw.,

192.

by statute in New York and some other States, where an infant has real property, the father, or if he has no father, the mother, or if none, the nearest relative of full age and of capacity, males being preferred, is guardian, and has the custody of the land, and is entitled to the profits, for the benefit of the heirs. But his authority is superseded whenever a guardian is appointed by deed or will, or by the surrogate.

The forms for voluntary appointment of guardians are given in the chapter of APPOINTMENTS.

829. Petition for appointment of guardian of a minor of the age of fourteen..... 830. Consent to be annexed..

PAGE

430

480

430

431

431

481

835. Petition for appointment of guardian of a minor under the age of fourteen.. 432 886. Verification of petition.....

837. Consent to be annexed...........

888. Petition by guardian for allowance out of ward's estate.

483

433

483

829. Petition for Appointment of a Guardian of a Minor of the Age of

That your petitioner is entitled to certain property and estate [briefly designating it], and that to protect and preserve the legal rights of your petitioner, it is necessary that some proper person should be duly appointed the guardian of his person and estate during his minority.

WHEREFORE, your petitioner nominates, subject to the approbation of the surrogate, C. B., of the city of , merchant, to be such guardian, and prays his appointment accordingly, pursuant to the statute in such case made and provided.

[Date.]

[Signature.]

830. Consent to Be Annexed.

I, C. B., of the city of

merchant, hereby consent to be appointed

the guardian of the person and estate of the above-named minor during his

M. N., of the city of , being duly sworn, says, that he is acquainted with the property and estate of the above-named minor, and that the same consists of real and personal estate; and that the personal estate of said minor does not exceed the sum of dollars, or thereabouts; and that

Bond.

Letters.

the annual rents and profits of the real estate of said minor do not exceed dollars, or thereabouts.

the sum of

[Signature.]

KNOW ALL MEN by these presents, that we, C. B., of the city of merchant, and E. F., of the same city, physician, are held and firmly bound unto A. B., of the city of a minor over fourteen years of age, in the sum of

dollars, lawful money of the United States, to be paid to the said minor, his executors, administrators or assigns; to which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents.

Sealed with our seals; dated the eight hundred and

day of

one thousand

THE CONDITION of this obligation is such, that if the above-bounden C. B. shall and will faithfully, in all things, discharge the duty of a guardian to the said minor, according to law, and render a true and just account of all moneys and property received by him, and of the application thereof, and of his guardianship in all respects, to any court having cognizance thereof, when thereunto required, then this obligation to be void; otherwise, to remain in full force and virtue.

Sealed and delivered in

the presence of

[Signature of witnesses.]

COUNTY OF

[Signatures and seal.]

833. Affidavit of Sufficiency of Surety in Bond.

88.

E. F., the within-named surety, being duly sworn, says, that he resides at No. street, in said city, and is worth the sum of

dollars

over and above all his just debts, liabilities and responsibilities, and property exempt by law from execution.

SWORN [etc., as in Form 831].

834. Letters of Guardianship.

THE PEOPLE of the State of

greeting:

[Signature.]

WHEREAS an application, in due form of law, has been made to our surrogate of the county of to have you, the said C. B., appointed the guardian of the person and estates of A. B., a minor, residing in the city of of the age of fourteen years: And whereas the said C. B. has agreed and consented to become such guardian, and has duly executed and delivered a bond, pursuant to law, for the faithful discharge of his duty as such guardian, and we being satisfied of the sufficiency of said bond, and

Petition for Guardian.

that said C. B. is a good and reputable person, and is in every respect competent to have the custody of the person and estate of said minor: Now, THEREFORE, we do, by these presents, allow, constitute and appoint you, the said C. B., the general guardian of the person and estate of said minor during his minority, hereby requiring you, the said guardian, to safely keep the real and personal estate of said minor, which shall hereafter come to your custody, and not suffer any waste, sale or destruction of the same, but keep up and sustain his lands, tenements and hereditaments, by and with the rents, issues and profits thereof, or with such other moneys belonging to him as shall come to your possession, and to deliver the same to him when he becomes of full age, or to such other guardian as may be hereafter appointed, in as good order and condition as you receive the same; and also to render a just and true account of all moneys and property secured by you, and the application thereof, and of your guardianship in all respects, to any court having cognizance thereof, when thereunto required. IN TESTIMONY WHEREOF, we have caused the seal of office of our said surrogate to be hereunto affixed, at the city of in the year of our Lord one thousand and of our independence the

[Seal.] the

day of eight hundred and

[Signature of] Surrogate.

835. Petition for the Appointment of a Guardian of a Minor Under the Age of Fourteen.(a)

II. That the only relatives of said minor residing in the county of are E. F., his maternal grandfather, G. H. and I. J., his maternal uncles, D. F. and your petitioner, his paternal uncles.

and

III. That said minor is entitled to personal property [briefly designating it] to the value of about dollars, as your petitioner is informed and verily believes, and that he is also seized of certain real estate [briefly des ignating it], the annual rents and profits whereof do not exceed the sum of: dollars; and that to protect and preserve the legal rights of said minor, it is necessary that some proper person should be duly appointed the guardian of his person and estate.

THEREFORE, your petitioner prays, that you will appoint him, your petitioner, the guardian of the person and estate of said minor, until he shall arrive at the age of fourteen years, and until another guardian shall be appointed. [Date.]

[Signature.]

(a) An application on behalf of a minor 8 How. Pr., 99. And in this class of under fourteen (2 Rev. Stat., 150, § 5), like cases, notice should generally be given to that made by a minor over fourteen, the relatives of the minor. should be by petition. Dutton v. Dutton,

Petition for Allowance.

COUNTY OF

88.

836. Verification of Petition.

C. B., of the city of the above petitioner, being duly sworn, says, that the foregoing petition is true, to his knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.

SWORN [etc., as in Form 831].

[Signature.]

837. Consent to be Annexed.

I, C. B., of the city of

merchant, do hereby consent to become

the guardian of the above-mentioned minor, pursuant to the prayer of the foregoing petition.

[Date.]

[Signature.]

838. Petition by Guardian for Allowance Out of Ward's Estate.

To the justices of the Supreme Court of

The petition of C. B., guardian of A. B., an infant, respectfully shows: I. That your petitioner was appointed general guardian of said minor, by an order of this court, made the in the year 18 and

day of

has given the security required by the said order. II. That the property of the said minor consists of [describe it, stating the value].

III. That the said minor is the child of your petitioner, is years of age, and has been supported, educated and maintained by your petitioner, out of his own funds, up to the time of the date of the aforesaid order, and subsequently, up to or about the day of 18

IV. That your petitioner, since the date last aforesaid, has been unable, and is now unable, to support, maintain and properly educate the said minor, out of his own funds, in consequence of failure in business, and losses in business.

V. That your petitioner has, for the last

years, resided at

in

; that the expense of

the support, maintenance and education of the said minor, since the day of

which your petitioner is wholly unable to defray out of his own funds. WHEREFORE, your petitioner prays that an allowance may be made to him for the maintenance and education of the said minor, out of the interest accrued and to accrue upon the said per annum, to date from the day of continued until the further order of this court.