A widow, by making her election to accept the provisions of her husband's will, renounces all rights which the statute gave her in her husband's lands, where it is not apparent that the husband intended her to have the testamentary provision in addition to her statutory rights. Bowers v. Lillis, 187 Ind. 1, 115 N. E. 930. 3045. Wife, devise, election.

See note to section 3014.

3046. Husband, devise, election.

See note to section 3016.

The election of the husband to take under his wife's will is of no effect, unless made in compliance with the provisions of the statute. Studebaker Bros. Mfg. Co. v. De Moss, App., 111 N. E. 26.

A will appointing the testator's husband executor and trustee under the will and allowing him compensation therefor, but giving him no other interest, does not affect his right to take under the law of descent without making an election. Studebaker Bros. Mfg. Co. v. De Moss, App. —, 111 N. E. 26.

-

A provision in a wife's will making her husband trustee of certain property, the provision for liberal compensation for such services and naming him executor of the will, requires him to elect whether he will take under the will or by descent. Studebaker Bros. Mfg. Co. v. DeMoss, 62 App. 635, 113 N. E. 417.

This section does not require an active or express election by the husband to take under his wife's will. Studebaker Bros. Mfg. Co. v. DeMoss, 62 App. 635, 113 N. E. 417.

Under this section, the surviving husband must elect whether he will take under his wife's will, where she makes any provision beneficial to him, no matter how small. Studebaker Bros. Mfg. Co. v. DeMoss, 62 App. 635, 113 N. E. 417.

The validity of an election by a husband as to whether he will take under his wife's will is not affected by lack of business acumen in making the election. Studebaker Bros. Mfg. Co. v. DeMoss, 62 App. 635, 113 N. E. 417.

Where a husband, made executor of his wife's will, is entitled to support by the children under the will, takes without election under section 3046, and has no interest in her real estate under section 3016. Chapman v. Bender, 124 N. E. 397.

App. —,

When the land of a married man is sold at a judicial sale and the interest of his wife is not sold or barred by the judgment, such wife, on the vesting of the title of the husband in the land in the purchaser at such sale, becomes the owner in fee of the same interest in the land that she would inherit on the death of the husband, and this rule applies to all married women although they may not be the first wife of the man and may not have any children by him and he may have chidren alive by a former marriage, and on the death of such a woman the land which she thus acquires descends to her heirs. Davis v. Kelley, 179 Ind. 13, 97 N. E. 336.

A sale of land made by a guardian under an order of court is a judicial sale within the meaning of the statute that vests title in the wife as to her inchoate interest in land on the judicial sale of her husband's real estate. Huffman v. Huffman, 51 App. 330, 99 N. E. 769.

The inchoate interest of a wife in the land of her husband becomes absolute when the title of the husband to the land is divested under a sale to pay assessments for street improvements. Darby v. Vinnedge, 53 App. 525, 100 N. E. 862.

See note to section 3014.

A married woman's inchoate interest in a judicial sale of realty becomes an absolute vested interest whenever the title of the husband vests absolutely in the purchaser under this section. Lawler v. Bear, 188 Ind. 308, 122 N. E. 660. A sale of real estate by an administrator under an order and decree of court does not necessarily bring into operation this section. Stormont v. Stormont, App., 128 N. E. 660.

The purpose of this act is to give to the wife, whose husband is deprived of his real estate by his creditors through a judicial sale, an absolute and vested title to that portion of such real estate, which would belong to her at his death if she should survive him, without relinquishing his inchoate interest therein. Stormont v. Stormont, Ind., 128 N. E. 660.

3054. Who inherits from the wife.

If a wife who obtains an absolute title to her inchoate interest in the land of her husband because of a judicial sale of his interest in the land dies while the owner of the land, the same will descend to the husband if he is alive. Hurst v. Mann, 51 App. 466, 99 N. E. 828.

CHAPTER 8.

GUARDIANSHIP.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

3057. Minor over fourteen may select.

The statute providing that an infant over fourteen years of age shall have the right to select a guardian, and that the one selected shall be appointed, if a suitable person, applies only to the appointment of guardians for infants, and does not apply to the appointment of guardians for other persons. Kutzner v. Meyers, 182 Ind. 669, 108 N. E. 115.

[Acts 1921, p. 216. In force May 31, 1921.]

3058a. Natural guardians.-1. Except in cases of divorce, the father and the mother jointly, if living, and the survivor if either parent be dead, shall be the natural guardian or guardians of their children.

3061. Discharge of sureties.

The sureties on the bond of a guardian can only be released upon a compliance with the provisions of the statute for the release of such sureties, and an order of court releasing sureties upon a bond without a compliance with the statutory provisions is of no effect. Clymer v. State, ex rel., 59 App. 364, 109 N. E. 431. See sections 2769a-2769c for the act of 1915, providing for the release of sureties on bonds.

3065. Custody, tuition, management of estate.

Under this section a grandparent is not entitled to the custody of a child as against a parent unless a strong case is made against the parent. Orr v. State, – App. —, 123 N. E. 470.

Unless the welfare of the children is paramount to claim of parent under this section, the father, if suitable person and if not, then the mother, if a suitable person, has the preference to the custody of the minor children. McDonald v. Short, Ind. 125 N. E. 451.

3066. Guardian by will.

A guardian nominated by will is entitled by statute to appointment over all

others but his appointment, duties and powers are governed by the law regulating guardians not so nominated. Nation v. Green, 188 Ind. 697, 123 N. E. 163. 3067. Guardian ad litem, next friend.

If a guardian ad litem files a cross-complaint, and no objection is made in the trial court, the right to object will be waived; and the question of the power of courts to direct guardians ad litem to set up affirmative matters in favor of their wards for adjudication is considered. Benbow v. Studebaker, 51 App. 450, 99 N. E. 1033.

3068.

[Acts 1915, p. 34. In force April 26, 1915.]

Guardian's duties.-9. It shall be the duty of every guardian of any minor:

First. To make out and file within three (3) months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do, it shall be the duty of the proper court to remove him, and appoint a successor.

Second. To manage the estate for the best interest of his ward. Third. To render on oath to the proper court an account of his receipts and expenditures as such guardian, verified by vouchers or proof at least once in every two years; and failing so to do, unless he show reasonable cause or excuse for his failure to file such report to the satisfaction of the proper court such guardian shall receive no allowance for services, and be liable to his said ward on his bond for damages on the whole amount of estate, both real and personal, in his hands belonging to such ward, to the amount of the actual loss occasioned by the failure of said guardian to file said report.

Fourth. At the expiration of his trust, fully to account for and pay over to the proper person, all of the estate of said ward remaining in his hands.

Fifth. To pay all just debts due from such ward, out of the estate. in his hands, and collect all debts due such ward; and in case of doubtful debts, to compound the same, and appear for and defend, or cause to be defended, all suits against such ward.

Sixth. When any ward has no father or mother, or such father or mother is unable, or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify.

This act amends section 3068 of the Revised Statutes of 1914.

If a guardian conceals the fact that he has received money belonging to the estate of the ward, and does not account for the money on making final sett! ment, the ward will not be barred from recovering the money. Campbell v. Smith, 49 App. 639, 97 N. E. 954.

See note to section 3101.

3070. Death of ward, duty of guardian.

On the death of a ward, if a guardian is not authorized to settle the estate