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DIRECTIONS for GUARDIANS.
145
reason, Co. Litt. 87. b. 88. a and b. this rule
is to be applied, not only to exclude an immediate
descent, but all possibility of descent; and
therefore a brother of the half blood shall not
be guardian, because he may possibly have the
inheritance by descent; for the uncle might
take it, and die seised, and then the brother
take as heir to the uncle, the person last seised.
The principle of the rule is, that the person,
who hath the infant in his power, may not be
tempted to destroy him, in order to succeed to
the estate; but this rule is not now regarded in
chancery, when guardians are appointed; and
seems to have stowed originally from Gothic
barbarity, and to imply a reproach on the manners
of antiquity. 2 P. Will. 264.
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Guardian for nuture--Of course, the father,
or mother, 'till the infant attains the age of
fourteen; and in default of father and mother,
some person is assigned by the proper jurisdiction
to take care of the infant's personal estate,
maintenance, and education.
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Guardian by statute--By the statute of 4
and 5
Phil. and Mary, Cap. 8. the father might by
will, or any act in his life time assign a guardian
to any maid or woman child under the age of
16; and if he assigned no guardian, the mother
to be guardian. By the statute of 12 Car.
K
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