2111.28 Parties. - Ohio Statutes

2111.28 Parties.

In an application for authority to lease real estate of a ward under sections 2111.26 and 2111.27 of the Revised Code, the guardian may act for two or more wards and two or more guardians of different wards may unite, when all the wards are jointly or in common interested in the real estate. When the same person is guardian of two or more wards owning lands in common, such wards may be joined as defendants in the same petition.

The ward’s spouse shall be made a defendant to such petition, and if the proposed lease is for the purpose of mining or removing mineral or other substances, and if such spouse files an answer consenting to the lease, free and discharged of all right and expectancy of dower therein, such answer shall be a full release of such spouse’s expectancy of dower when the lease is confirmed. Unless in such answer an allowance in lieu of dower is waived, the court shall allow, out of the proceeds of the lease, such sum in money as is the just and reasonable value of such expectancy of dower.

Effective Date: 10-01-1953