|
144 DIRECTIONS for
GUARDIANS.
of guardians; guardian in chivalry; (now
abolished.) Guardian by nature; guardian in
soccage; and guardian (per cause de nurture) for
nurture.--By statute, viz. 4 and 5 Phil. and
Mary: of women children, in two manners;
either of the father, or mother, without assignation,
or of any other, to whom the father
shall appoint the custody, either by his last will,
or by any act in his life time, 3 Co. Rep. 37.
--lastly, by custom, as of orphans by the custom
of the city of London. To the above enumeration
are to be added, guardians appointed under
the statute 12 Car. 2. Cap 2. and under
our acts of assembly.
|
|
Guardian by nature--The father,--if an estate
be left to an infant, the father is by the common
law the guardian; and accountable for the
profits.
|
|
Guardian in soccage--When an infant is entitled
to an estate in lands, the guardianship
falls to the next of kin, to whom the inheritance
cannot possibly descend; as where the
estate descended from the father, in this case,
the next of kin on the mother's side, shall be
guardian, because such next of kin cannot possibly
inherit the estate; and if the estate descended
from the mother, then the next of kin on
the father's side shall be guardian, for the same |
|
 |
