ART. 93.] TESTAMENTAET LAW. 649

on some day by the court approved, and payment or distribution
may be there made under the court's direction and control.

GUARDIAN AND WARD.

144. Whenever land shall descend or be devised to a male
under the age of twenty-one years, or to a female under the age
of eighteen years, or any such male or female shall be entitled
to a distributive share of the personal estate of an intestate,
or to a legacy or bequest under a last will or codicil, or may
acquire any real or personal property, or estate, by gift or by
purchase, and the said male or female shall not have a guardian
appointed by last will and testament, agreeably to law, the
Orphans' Court of the county where the land lies, or in which
administration of the personal estate is granted, shall have
power to appoint a guardian to such infant until the age of
twenty-one years (if a male,) and until the age of eighteen years
(if a female,) or marriage; and such appointment may be made
at any time after the probate of the will, or administration
granted on the estate of the deceased, under whom the in-
fant appears to be so entitled to land; and it may be made,
if the court shall think proper, in the case of personal estate,
either before or after the administrator shall have passed his
account.

145. In case any infant in this State shall be entitled to per-
sonal property by purchase or by gift, other than by last will
and testament, recorded in this State, and there be no guardian
appointed to such infant within this State, the Orphans' Court
of the county in which such infant shall reside, shall have the
right to appoint a guardian to such infant.

146. The Orphans' Court shall have the right and power to
appoint a guardian to any such infant as aforesaid, although such
infant may have a father or mother diving at the time of such
appointment; Provided, notice by the court be given by publi-
cation or otherwise to such father, or mother (if there be no
father living,) to show cause why such appointment should not
be made; and such appointment shall be as valid in every respect
as if the father and mother of such infant were both dead at the
time; but nothing herein contained shall prevent the said courts
from appointing the father or mother of such infant its guardian,
if the court to whom the appointment property belongs shall, in