The condition of the above obligation is such, that whereas D. F. the father of the above bound J. F. late of said county, deceased, did, by his last will and testament, bequeath to the above named J. F. a certain legacy of one hundred dollars, which, on the settlement and final distribution of the estate of the said D. F. deceased, is now paid over to the said J. F. by A. W. executor of the last will and testament of the said D. F. deceased; now if the said J. F. will refund the said legacy, or a rate. able proportion thereof to any heir, legatee, or creditor, now unknown, should any such heir, legatee, or creditor hereafter appear, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law.

Signed and sealed by the obligors, approved by the court, and filed in my office.

JOHN STILES,

Clerk of the Probate Court, C. C.

J. F. [SEAL.]
D. K. SEAL.]

Administrator's account.

The account of William Davis, administrator of all and singular the goods and chattels, rights and credits, which were of Amos
Davis, late of Green county, deceased.

Bloomfield, Green county, November 15, 1832.

X2

WILLIAM DAVIS, Adm'r.

Executors' account.

The account of Abel Huff and Benjamin Bell, executors of the last will and testament of Josiah Huff, late of Scott county and state of
Indiana, deceased.

Affidavit on settlement.

Scott county probate court, November term, '832.

Abel Huff and Benjamin Bell, exec tors of the last will and testament of Josiah Huff, late of said county, deceased, make oath and say that the above account by them exhibited, contains a just and true statement and calculation of the personal estate of the said Josiah Huff, deceased, to the best of their knowledge and belief. Sworn in open court this 19th day of November, 1832. Test. JOHN STILES, Cľ❜k.

GUARDIANS.

The power and duty of a guardian extend to the protection of the person, and the care and disposal of the estate of his ward.-The forms of proceeding in the choice and appointment of a guardian, his oath and bond, and the duties and acts of a guardian, relative to the sale of real estate, have been noticed under the head of probate judges. The further duties of a guardian have relation to the protection of the person, and the care and management of the personal estate of the ward. It is provided by the statute on that subject, that the guardian shall have full power to dispose of the personal estate of the minor, lunatic, or idiot committed to his charge, for the care, education, and sustenance of such infant, or for the care and sustenance of such lunatic or idiot, and for the general advancement and benefit of the estate of such infant, lunatic, or idiot.

In all cases where it becomes the duty of the guardian to sell the whole, or any part of the personal estate of his ward, such sale is to be conducted, as to the making of an inventory, the conditions of sale, the notice, and the filing of an inventory and a bill of such sale in the probate court, and in all other respects, as is required of execu tors and administrators, with regard to the disposition of personal estate in their hands to be administered; unless where a different disposition is directed by special order of the court. Rev. L. 172.

Inasmuch as the whole business relative to the dispo

sal of personal estate, by a guardian, is to be managed in the same manner, in all respects, as by an administrator, the forms prescribed for the assistance of executors and administrators will serve as a guide to guardians, in all cases reducible to form.

It may be remarked here, that the act concerning insane persons, approved January 22, 1818, makes it the duty of the circuit court, to direct the sheriff of the county to summon a jury, to inquire into any alleged case of insanity, and on a report of insanity by such jury, the circuit court is required to appoint three suitable persons as guardians of the person and estate of the lunatic.

By the act organizing probate courts, approved February 10, 1831, the probate courts have original and exclusive jurisdiction of all matters relating to the protection of idiots and lunaties, and the security of their persons and estates, but no method is prescribed by which the fact of sanity or insanity is to be ascertained. In giving the forms relative to the obtaining and executing of a commission of lunacy, the compiler, presuming that the former statute is superseded by the latter, has pursued the course which has been sanctioned by long usage, and which is in his opinion-best calculated to promote the ends of justice. In the statute of 1818, the commissioners are pretermitted, the commission goes directly to the sheriff; and should any court choose to proceed in that way, the variance in the commission will be unimportant, and the other forms on that subject may still be found beneficial.

Having now closed that part of the work which is intended as a guide to the officer in the discharge of official duty, we will proceed next to such forms as concern the private citizen, in the ordinary transactions of business.

ACKNOWLEDGEMENTS.

Deeds of conveyance,. mortgages, powers of attor ney, and other instruments, may be acknowledged before any judge of the supreme or circuit court, justice of the peace, county recorder, or notary public; and either such acknowledgment by the grantor, or proof of its execution, by the subscribing witnesses, must be made, before the deed can be admitted to record.