Section 1. That sections 701.01, 711.23, 1775.31, 2111.37, | 9 |
2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, 3763.06, | 10 |
4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, 5305.19, | 11 |
5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, 5711.05, | 12 |
5711.07, 5907.06, 5907.08, and 5907.09 of the Revised Code be | 13 |
amended to read as follows: | 14 |
If the court of common pleas is of the opinion that any | 40 |
person
owning a lot in a plat, addition, or part thereof proposed | 41 |
to be vacated or
altered, and not assenting to such vacation or | 42 |
alteration, will sustain damage
thereby, it may proceed to hear | 43 |
proof in reference thereto, and may render
judgment against the | 44 |
petitioners for such damages as it thinks proper and
just, to be | 45 |
assessed ratably against the petitioners by the court, according | 46 |
to the value of the property owned by the petitioners as it stands | 47 |
taxed on
the tax list of the county. When necessary, the court | 48 |
shall appoint a
guardian ad litem for all minors, or incompetent | 49 |
persons of insane mind, interested in the
premises. The judgment | 50 |
of the court vacating such plat, addition, or parts
thereof, shall | 51 |
be conditioned upon the payment of the damages thus assessed. | 52 |
Sec. 2111.37. When a nonresident minor, incompetent, | 85 |
habitual drunkard,
idiot, imbecile, lunatic, or person confined in | 86 |
a state, charitable, or
correctional institution has real estate, | 87 |
chattels, rights, credits, or moneys
in this state, the probate | 88 |
court of the county in which the property or a part
of it is | 89 |
situated may appoint a resident guardian of the ward to manage, | 90 |
collect, lease, and take care of histhe ward's property. The | 91 |
appointment may be made
whether or not a ward has a guardian, | 92 |
trustee, or other conservator in the
state of histhe ward's | 93 |
residence, and, if hethe
ward has a guardian, trustee, or other | 94 |
conservator in the state of histhe ward's residence, the
control | 95 |
and authority of the
resident guardian appointed in Ohio shall be | 96 |
superior as to all property of
the ward in Ohio. | 97 |
Sec. 2111.47. Upon reasonable notice to the guardian, to the | 102 |
ward, and to the
person on whose application the appointment was | 103 |
made, and upon satisfactory
proof that the necessity for the | 104 |
guardianship no longer exists or that the
letters of appointment | 105 |
were improperly issued, the probate court shall order
that the | 106 |
guardianship of an incompetent terminate and shall make an | 107 |
appropriate entry upon the journal. Thereupon the guardianship | 108 |
shall cease,
the accounts of the guardian shall be settled by the | 109 |
court, and the ward shall
be restored to the full control of his | 110 |
the ward's property as
before the appointment.
Such entry | 111 |
terminating the guardianship of an insaneincompetent person shall | 112 |
have the
same effect as a determination by the court that such | 113 |
person is restored to
sanitycompetent. | 114 |
The court shall require a guardian ad litem, or a trustee | 122 |
appointed under section 2307.13 or 2307.131 of the Revised Code, | 123 |
faithfully to
discharge histhe guardian ad litem's or trustee's | 124 |
duty, and
upon his failure to do so, may remove himthe guardian | 125 |
ad
litem or trustee, and appoint another. The court may fix a | 126 |
compensation
for histhe guardian ad litem's or trustee's | 127 |
services, which
shall be taxed in the costs against the minor, the | 128 |
insaneincompetent person, or the
unborn persons. | 129 |
"Client" means a person, firm, partnership, corporation, or | 132 |
other association
that, directly or through any representative, | 133 |
consults an attorney for the
purpose of retaining the attorney or | 134 |
securing legal service or advice from
himthe attorney in histhe | 135 |
attorney's
professional capacity, or consults an attorney employee | 136 |
for legal service or
advice, and who communicates, either directly | 137 |
or through an agent, employee,
or other representative, with such | 138 |
attorney; and includes an incompetent person whose
guardian so | 139 |
consults the attorney in behalf of the incompetent person. | 140 |
(B) As used in this section and in sections 2317.02 and | 148 |
2317.03 of the Revised Code, "incompetent" or "incompetent person" | 149 |
means a person who is so mentally impaired as a result of a mental | 150 |
or physical illness or disability, or mental retardation, or as a | 151 |
result of chronic substance abuse, that the person is incapable of | 152 |
taking proper care of the person's self or property or fails to | 153 |
provide for the person's family or other persons for whom the | 154 |
person is charged by law to provide. | 155 |
(D) If a party offers evidence of conversations or
admissions | 173 |
of the opposite party, the latter may testify
concerning the same | 174 |
conversations or admissions; and, if evidence
of declarations | 175 |
against interest made by an insane, incompetent,
or deceased | 176 |
person has been admitted, then any oral or written
declaration | 177 |
made by such insane, incompetent, or deceased person
concerning | 178 |
the same subject to which any such admitted evidence
relates, and | 179 |
which but for this provision would be excluded as
self-serving, | 180 |
shall be admitted in evidence if it be proved to
the satisfaction | 181 |
of the trial judge that the declaration was made
at a time when | 182 |
the declarant was competent to testify, concerning
a subject | 183 |
matter in issue, and, when no apparent motive to
misrepresent | 184 |
appears; | 185 |
(F) If the claim or defense is founded on a book account,
a | 193 |
party may testify that the book is histhe party's account
book, | 194 |
that it is a book of original entries, that the entries therein | 195 |
were
made in
the regular course of business by himselfthe party | 196 |
personally,
a person since deceased, or a disinterested person, | 197 |
and the book is then
competent evidence in any case, without | 198 |
regard to the parties,
upon like proof by any competent witness; | 199 |
Sec. 2317.06. (A) If a party or witness, after testifying | 212 |
orally, dies, is beyond the jurisdiction of the court, cannot be | 213 |
found after diligent search, is insane,unable to testify because | 214 |
of any physical
or mental infirmity is unable to testify, or has | 215 |
been summoned
but appears to have been kept away by the adverse | 216 |
party and if
the evidence of the party or witness has been taken | 217 |
down by an
official stenographer, the evidence so taken may be | 218 |
read in
evidence by either party on the further trial of the case | 219 |
and
shall be prima-facie evidence of what the deceased party or | 220 |
witness testified to orally on the former trial. If the evidence | 221 |
has not been taken by an official stenographer, it may be proved | 222 |
by witnesses who were present at the former trial, having | 223 |
knowledge of the testimony. All testimony so offered shall be
open | 224 |
to all objections that might be taken if the witness was | 225 |
personally present. | 226 |
(B)(1) If it is necessary in a civil action before the
court | 227 |
to procure the testimony of a person who is imprisoned in a | 228 |
workhouse, juvenile detention facility, jail, or
state | 229 |
correctional institution within this state, or who is in the | 230 |
custody of
the
department of youth services, the court shall | 231 |
require that the
person's testimony be taken by deposition | 232 |
pursuant to the Civil
Rules at the place of the person's | 233 |
confinement, unless the court
determines that the interests of | 234 |
justice demand that the person
be brought before the court for the | 235 |
presentation of histhe
person's testimony. | 236 |
Any person interested as or through an executor, | 258 |
administrator,
trustee, guardian, or other fiduciary, creditor, | 259 |
devisee, legatee, heir, next
of kin, or cestui que trust, in the | 260 |
administration of a trust, or of the
estate of a decedent, an | 261 |
infant, lunatican incompetent person, or an insolvent person, may | 262 |
have a declaration
of rights or legal relations in respect thereto | 263 |
in any of the following cases: | 264 |
The property, both real and personal, of a defendant against | 280 |
whom a judgment is rendered under sections 3763.01 to 3763.08, | 281 |
inclusive, of
the Revised Code, for fines, costs, or to recover | 282 |
money or any other
thing of
value, lost or paid, shall be liable | 283 |
therefor without exemption, and such
judgment shall be a lien | 284 |
thereon until paid. If the owner of the building in
which the | 285 |
money was lost knowingly permits it to be used for gaming | 286 |
purposes,
such building, and the real estate upon which it stands, | 287 |
shall be liable
therefor in a like manner. The guardian or trustee | 288 |
of a minor, insane person,
or idiotincompetent person, permitting | 289 |
property under histhe guardian's or
trustee's charge to be used | 290 |
for gaming purposes
and to become liable on account thereof, shall | 291 |
be liable to histhe
guardian's or trustee's ward for such
amount. | 292 |
Unless the permit is to be cancelled as the result of a
local | 308 |
option election held pursuant to section 4301.352 of the
Revised | 309 |
Code, a permit holder whose permit is to be restricted or | 310 |
cancelled as the result of a local option election pursuant to | 311 |
sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may, | 312 |
within the thirty-day period after the certification of the | 313 |
results of the election to the division,
deliver the permit to the | 314 |
division for
safekeeping subject to
the renewal and transfer | 315 |
provision of this section. A permit
holder whose permit is to be | 316 |
cancelled as the result of a local
option election held pursuant | 317 |
to section 4301.352 of the Revised
Code is not entitled to deliver | 318 |
the permit to the
division for safekeeping. | 319 |
If the expiration date of a permit occurs during the time
it | 329 |
is held in safekeeping, the permit shall be renewed by the | 330 |
division if the permit holder complies with the other
provisions | 331 |
of Chapters 4301. and 4303. of the Revised Code,
pertaining to the | 332 |
renewal of a permit. The division shall
issue and then retain the | 333 |
renewed permit until the original
permit premises become available | 334 |
for occupancy by the permit
holder or until the permit holder | 335 |
secures other premises. The
division shall return to the permit | 336 |
holder a permit renewed
while in safekeeping when the original | 337 |
permit premises are made
available for occupancy or new permit | 338 |
premises are secured by the
permit holder, if the premises meet | 339 |
the requirements of Chapters
4301. and 4303. of the Revised Code. | 340 |
If a person rents or leases to another a building or premises | 365 |
to
be used or occupied, in whole or in part, for the sale of | 366 |
intoxicating
liquors,
or permits such building or premises to be | 367 |
so used or occupied, such building
or premises shall be liable for | 368 |
and may be sold to pay all fines, costs, and
damages assessed | 369 |
against a person occupying them. Proceedings may be had to
subject | 370 |
them to the payment of such fine and costs assessed or judgment | 371 |
recovered, or part remaining unpaid, either before or after | 372 |
execution issues
against the property of the person against whom | 373 |
such fine and costs or
judgment
have been adjudged or assessed. | 374 |
When execution issues against the property
leased or rented, the | 375 |
officer shall proceed to satisfy it out of the building
or | 376 |
premises so leased or occupied. | 377 |
Persons in interest who fail to become parties to the | 390 |
agreement
within the four-month period referred to in section | 391 |
4971.14 of the Revised
Code
are entitled to the same rights, | 392 |
interest, estate, remedy, liens, and action,
and none other, which | 393 |
parties in interest of like class and amount who signed
the | 394 |
agreement obtained by and under it. If a person in interest fails | 395 |
for six
years after the publication of the notice mentioned in | 396 |
such section to apply
at
the principal office of the company, | 397 |
either in person or by proxy, to become a
party in interest in the | 398 |
agreement, such person, unless an infant or insaneincompetent | 399 |
person,
shall be barred of all interest, claim, right, or action | 400 |
under the agreement or
otherwise. In case of such disability such | 401 |
rights shall be extended for two
years after the termination of | 402 |
the disability. | 403 |
No agreement described in section 5301.21 of the Revised Code | 411 |
shall be executed by a minor, idiot, lunatic, or insane | 412 |
incompetent person, but it may be
executed and delivered for | 413 |
record, on hissuch a person's
behalf, by histhe person's | 414 |
guardian. When
executed, acknowledged, delivered for record, and | 415 |
recorded, such agreement
shall be as effectual against such minor, | 416 |
idiot, lunatic, or insaneincompetent person, as
if hethe person | 417 |
had been under no disability, and had performed
such acts
himself | 418 |
personally. An owner, not under any of such
disabilities, may | 419 |
perform all such
acts by an
attorney in fact. The power of such | 420 |
attorney must be in writing and first
recorded in the county | 421 |
recorder's office. | 422 |
Sec. 5305.17. TheAs used in this section and sections | 423 |
5305.18 to 5305.22 of the Revised Code, "incompetent person" means | 424 |
a person who is so mentally impaired as a result of a mental or | 425 |
physical illness or disability, or mental retardation, or as a | 426 |
result of chronic substance abuse, that the person is incapable of | 427 |
taking proper care of the person's self or property or fails to | 428 |
provide for the person's family or other persons for whom the | 429 |
person is charged by law to provide. | 430 |
The guardian of a surviving spouse who has been adjudged | 431 |
insaneto be an incompetent person
may appear and answer for such | 432 |
insaneincompetent person in an action under section
5305.15
of | 433 |
the Revised Code, subject to the approval of the court in which it | 434 |
is
pending. Such answer has the same effect as if such spouse | 435 |
answered
personally. The guardian shall be liable to such spouse, | 436 |
or the heirs, for
all
damage or loss sustained by histhe | 437 |
guardian's fraud or
collusion, notwithstanding the
approval of the | 438 |
court. | 439 |
Sec. 5305.18. A person owning real property in this state, | 440 |
encumbered by the contingent or vested right of dower of
an insane | 441 |
incompetent person, may apply, by petition to the court of common | 442 |
pleas of the county in which the real estate, or any part
thereof, | 443 |
is situated, making defendants thereto such insaneincompetent | 444 |
person, and the spouse and guardian, if such insaneincompetent | 445 |
person has
either or both, for leave to sell any part of such real | 446 |
property,
discharged and unencumbered of such contingent or vested | 447 |
right of
dower. The petition must set forth the insanitygrounds | 448 |
for the incompetency of the person,
together with a description of | 449 |
the land proposed to be sold.
Thereupon the court shall appoint a | 450 |
committee of six competent
menindividuals, of whom at least three | 451 |
are physicians, who,
under oath,
shall inquire into the insanity | 452 |
competence of such person, and hear
testimony to be produced by | 453 |
the spouse or guardian, or, if there
is no such guardian, by a | 454 |
guardian ad litem to be appointed in
the action. The committee | 455 |
shall make a report, in writing, of
the result of its | 456 |
investigation, signed by its members. | 457 |
Sec. 5305.19. If the committee provided for in section | 458 |
5305.18 of the Revised
Code unanimously reports that the person | 459 |
having a contingent or vested right
of
dower, in its opinion, is a | 460 |
permanently insaneincompetent person, the court of common pleas | 461 |
shall
appoint three judicious freeholders to appraise the real | 462 |
estate described in
the petition mentioned in said section, | 463 |
whether or not such real estate is in
one or several counties. | 464 |
Such freeholders shall report in writing the value
of
each tract. | 465 |
Sec. 5305.20. When the report provided for in section | 466 |
5305.19 of the Revised Code is filed, the court of common pleas | 467 |
may direct the petitioner, by a sufficient deed of conveyance, to | 468 |
convey to the insaneincompetent person, to be held by such person | 469 |
in fee,
such proportion of the real estate described in the | 470 |
petition as
seems just, or the court may assign to such insane | 471 |
incompetent person, to be
held by himthe incompetent person | 472 |
during life, after the death of
the spouse of such
person, such | 473 |
proportion of the real estate described in the
petition as seems | 474 |
just, for histhe incompetent person's support, or
the court may | 475 |
order
the petitioner to invest an amount by it fixed, in the stock | 476 |
of a
company, or stocks created by the laws of this state, as the | 477 |
court designates, the profits, and dividends or distributions, | 478 |
arising from such investment to be applied to the support and | 479 |
maintenance of the insaneincompetent person after the death of | 480 |
the spouse of
such person. The petitioner, upon his compliance | 481 |
with the order
of the court, may sell all the real property hethe | 482 |
petitioner
is possessed of,
described in the petition, free and | 483 |
unencumbered of the
contingent or vested right of dower of such | 484 |
insaneincompetent person. | 485 |
Sec. 5305.21. When the spouse of an insaneincompetent | 486 |
person conveys real estate in this
state, in which such person has | 487 |
a contingent or vested right of dower, and the
insaneincompetent | 488 |
person does not join the spouse in the conveyance, the spouse may | 489 |
apply
by petition to the court of common pleas of the county in | 490 |
which the insaneincompetent
person resides, or, if such insane | 491 |
incompetent person resides out of the state, then in
the
county in | 492 |
which the real estate is situated, for leave to have part or all | 493 |
of
such real estate so conveyed, released of the dower right | 494 |
therein. Such
petition shall set forth the insanitygrounds for | 495 |
incompetency of the insaneincompetent person, and a description | 496 |
of the land proposed to be affected. The insaneincompetent | 497 |
person, guardian, if there is
one, and all persons in interest, | 498 |
shall be made defendants, and the action
shall be proceeded with | 499 |
as prescribed in sections 5305.18 to 5305.20,
inclusive, of the | 500 |
Revised Code, except that instead of ordering the
petitioner
to | 501 |
sell the real estate
or to convey or assign to such insane | 502 |
incompetent person any part
of
it, the court shall direct the | 503 |
petitioner to make such investment as is
provided in section | 504 |
5305.20 of the Revised Code, or require himthe
petitioner to | 505 |
secure the
amount to the use of the insaneincompetent person by | 506 |
mortgage of unencumbered real estate
of at least double the value | 507 |
thereof. Upon compliance by the petitioner with
the order made, | 508 |
the court shall enter a judgment releasing and discharging the | 509 |
real estate from the encumbrance of such right of dower, and | 510 |
adjudge the
holder
of the legal title, or other party liable, to | 511 |
pay to the petitioner any sum
withheld or retained as indemnity | 512 |
against such dower right. | 513 |
Sec. 5305.22. Any real estate or interest therein coming to | 514 |
a person by
purchase, inheritance, or otherwise, after the spouse | 515 |
of such person is
adjudged insane,an incompetent person and is an | 516 |
inmate ofadmitted to either a hospital for the insanepersons | 517 |
with mental illness in this state, or confined in the insane | 518 |
department of any epileptic hospital of this state,
or any other | 519 |
state of the United States, or is an inmate of a hospital for the | 520 |
insane, or confined in the insanepsychiatric department of any | 521 |
hospital of the United
States, may be conveyed by such person | 522 |
while such insane spouse who is an incompetent person remains an | 523 |
inmatea patient thereof, free and clear from any dower right or | 524 |
expectancy of such
insane spouse who is an incompetent person. | 525 |
Dower shall not attach to any real estate so acquired and
conveyed | 526 |
during the time described in this section in favor of such insane | 527 |
spouse who is an incompetent person. The indorsement upon the | 528 |
instrument of conveyance, by the
superintendent of the hospital, | 529 |
that such spouse is an insane inmateincompetent person thereof, | 530 |
stating when received therein and signed officially by himthe | 531 |
superintendent, shall be sufficient
evidence of the fact that such | 532 |
spouse is such inmateincompetent person. This indorsement shall | 533 |
be a part of the instrument of conveyance. | 534 |
Sec. 5307.19. TheAs used in this section and section | 535 |
5307.20 of the Revised Code, "incompetent person" means a person | 536 |
who is so mentally impaired as a result of a mental or physical | 537 |
illness or disability, or mental retardation, or as a result of | 538 |
chronic substance abuse, that the person is incapable of taking | 539 |
proper care of the person's self or property or fails to provide | 540 |
for the person's family or other persons for whom the person is | 541 |
charged by law to provide. | 542 |
The guardian of a minor, idiot, imbecile, or insane | 543 |
incompetent person, on
behalf of histhe guardian's ward, may | 544 |
perform any act, matter,
or thing respecting the
partition of an | 545 |
estate which such ward could do under sections 5307.01 to
5307.25, | 546 |
inclusive, of the Revised Code, if hethe ward
were of age and of | 547 |
sound mind.
On behalf of such ward, the guardian may elect to | 548 |
take the estate, when it
cannot be divided without injury, and | 549 |
make payments therefor on the ward's
behalf. | 550 |
No action or proceeding for compensation from the assurance | 565 |
fund provided for in section 5310.05 of the Revised Code for, or | 566 |
by reason of,
any deprivation, loss, or damage shall be made, | 567 |
brought or taken, except
within a period of six years from the | 568 |
time when the right to bring such action
or proceeding first | 569 |
accrued. If at the time when such right of action first
accrues | 570 |
the person entitled to bring such action or take such proceedings | 571 |
is
within the age of eighteen years, insanean incompetent person, | 572 |
imprisoned, or absent from the
United States in the service of the | 573 |
United States or of this state, such
person or anyone claiming | 574 |
from, by, or under himthe person, may
bring the action
at any | 575 |
time within two years after such disability is removed. | 576 |
Sec. 5711.05. EachAs used in this section and section | 577 |
5711.07 of the Revised Code, "incompetent person" means a person | 578 |
who is so mentally impaired as a result of a mental or physical | 579 |
illness or disability, or mental retardation, or as a result of | 580 |
chronic substance abuse, that the person is incapable of taking | 581 |
proper care of the person's self or property or fails to provide | 582 |
for the person's family or other persons for whom the person is | 583 |
charged by law to provide. | 584 |
Each person shall return all the taxable
property of which he | 585 |
the person is the owner, except property
required by
this section | 586 |
or the regulations of the tax commissioner to be
returned for him | 587 |
the person by a fiduciary; but this section
does not
authorize any | 588 |
person to omit from histhe person's return of
taxable property | 589 |
histhe person's interest in investments and other taxable | 590 |
intangible property
yielding income owned or held for histhe | 591 |
person's benefit by a
fiduciary and
not taxed at the source, or | 592 |
other taxable property so owned or
held by a nonresident | 593 |
fiduciary. The return of all the taxable
property of a corporation | 594 |
shall be made by the president, a
vice-president, or the secretary | 595 |
and by the principal accounting
officer, that of a partnership, by | 596 |
a partner, and that of an
association, by the managing agent in | 597 |
this state. | 598 |
Personal property used in business and taxable property of
a | 614 |
nonresident used in and arising out of a business transacted
for | 615 |
himthe nonresident or on histhe
nonresident's behalf in any of | 616 |
the cases mentioned in section
5709.03 of the Revised Code, in the | 617 |
possession or custody of any
agent, factor, bailee, or other | 618 |
similar fiduciary, shall be
returned by such fiduciary, except as | 619 |
is provided by regulation
of the commissioner; but as to such | 620 |
property in the possession,
custody, or legal ownership of a | 621 |
trustee the next succeeding
paragraph of this section shall be | 622 |
exclusive; provided that a
warehousemanwarehouseperson shall not | 623 |
be required to return for
taxation
personal property assigned | 624 |
consigned to himthe
warehouseperson for the sole purpose
of being | 625 |
stored or forwarded, if such warehousemanwarehouseperson has no | 626 |
interest in such property other than his warehouseman'sa | 627 |
warehouseperson's lien, or
any profit to be derived from its sale. | 628 |
All the taxable property, except investments and other | 629 |
taxable intangible property yielding income, of a person for
whose | 630 |
benefit property is held in trust shall be returned by the | 631 |
trustee, and if any beneficiary of such a trust is a minor, an | 632 |
idiot, or an insaneincompetent person residing in this state, and | 633 |
for whom
there is no other fiduciary in this state, the | 634 |
commissioner may
require such a trustee to return also the | 635 |
investments and other
taxable intangible property yielding income | 636 |
held for the benefit
of any such beneficiary and not taxed at the | 637 |
source. | 638 |
Sec. 5711.07. Personal property used in business shall be | 650 |
listed and assessed in the taxing district in which such business | 651 |
is carried on. If such business is carried on in more than one | 652 |
taxing district in the same county, the return shall set forth
the | 653 |
amount of the property used therein which is situated in each | 654 |
taxing district in such county, and the value of all the personal | 655 |
property used in business shall be apportioned to and assessed in | 656 |
each of such taxing districts in proportion to the value of the | 657 |
personal property situated therein. Domestic animals not used in | 658 |
business shall be listed and assessed in the taxing district
where | 659 |
kept. Ships, vessels, boats, and aircraft, and shares and | 660 |
interests therein, shall be listed and assessed in the taxing | 661 |
district in which the owner resides. All other taxable property | 662 |
shall be listed and assessed in the municipal corporation in
which | 663 |
the owner resides, or, if the owner resides outside a
municipal | 664 |
corporation, then in the county in which hethe owner
resides | 665 |
except as provided in sections 5711.01 to 5711.36, inclusive, of | 666 |
the Revised Code. Whenever, under such sections, taxable
property | 667 |
required by this section to be listed and assessed in
the taxing | 668 |
district or county in which the owner resides is
required to be | 669 |
listed by a fiduciary, such property shall be
listed and assessed | 670 |
by such fiduciary in the taxing district or
county in which such | 671 |
fiduciary resides, or, in the case of joint
fiduciaries, in which | 672 |
either such fiduciary resides; but such
property belonging to the | 673 |
estate of a deceased resident of this
state shall be listed and | 674 |
assessed in the taxing district or
county in which hethe deceased | 675 |
resident resided at the time of
his death, regardless
of the | 676 |
residence of histhe deceased resident's executors, | 677 |
administrators, or personal
representatives, and such property | 678 |
belonging to a ward, minor,
insaneincompetent person, or | 679 |
beneficiary of a trust residing in this state,
title, custody, or | 680 |
possession of which is vested in a nonresident
fiduciary, shall be | 681 |
listed and assessed in the taxing district or
county in which such | 682 |
ward, minor, insaneincompetent person, or beneficiary
resides. | 683 |
"The State of Ohio, ..........
county, ss. ...........,
| 696 |
superintendent of the Ohio veterans' home
agency, being
duly | 697 |
sworn, says that the
superintendent
believes that
............, a | 698 |
resident of the
veterans' home
located in
.......... county, is | 699 |
insanehas a mental illness;
that, in consequence of
the | 700 |
resident's insanitymental illness,
the resident's being at large | 701 |
is
dangerous to
the
community, and that the resident was received | 702 |
into the home
from ............ county, on
the ...... day of | 703 |
........., ..... | 704 |
Sec. 5907.09. When the affidavit referred to in section | 706 |
5907.08 of the
Revised
Code is filed, the probate judge shall | 707 |
forthwith determine the sanitycompetence of
the
resident.
Insofar | 708 |
as applicable, the laws governing in cases of admission
to
a state | 709 |
hospital for the insanepersons with mental illness shall apply. | 710 |
The probate judge
shall have
the same authority, and may receive | 711 |
and order paid the
same fees and costs, as
the probate judge would | 712 |
have in the county
in which
the veteran was
a resident
at the time | 713 |
of entering
the
veterans' home. | 714 |
Section 2. That existing sections 701.01, 711.23, 1775.31, | 715 |
2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, | 716 |
3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, | 717 |
5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, | 718 |
5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised | 719 |
Code are hereby repealed. | 720 |
Section 3. The General Assembly declares its intent that the | 721 |
amendments made by this act to sections 701.01, 711.23, 1775.31, | 722 |
2111.37, 2111.47, 2307.14, 2317.021, 2317.03, 2317.06, 2721.05, | 723 |
3763.06, 4303.272, 4399.05, 4971.16, 5301.22, 5305.17, 5305.18, | 724 |
5305.19, 5305.20, 5305.21, 5305.22, 5307.19, 5307.20, 5310.12, | 725 |
5711.05, 5711.07, 5907.06, 5907.08, and 5907.09 of the Revised | 726 |
Code are not substantive in nature but are intended to replace | 727 |
certain outdated terms with current, synonymous terms. | 728 |