412 JONES v. STOCKETT.—2 BLAND.
allowed to visit, each other as often as may be compatible with the
safety and good morals of the infant. The King v. Soper, 5 T. R.
278; The King v. Napkins, 1 East, 579; Strangewayit v. Robinson, 4
Taunt. 509; Exparte Nopkim, 3 P. Will. 155; Lyons v. Blenkin, 4
Cond. Cha. Rep. 124; Prather v. Prather, 4 Desau. 39; 2 Lond.
Jurist, 76.
Apart, however, from any positively vicious conduct of a father
which might, of itself, afford a sufficient ground for having him
separated from his children, a parent cannot be allowed, capri-
ciously, to disappoint the just hopes and expectations of his child.
For. although it is, by law, the duty of a parent to maintain his
child, yet, where the father was in very indigent circumstances,
and the child bad had given to him a large fortune, such a
parent was not allowed to prevent the child from being main-
tained and educated in such manner as his fortune could well
afford, and with the advantages he was thus justly entitled to ex-
pect; Beaufort v. Berty, 1 P. Will. 705; Ex parte Napkins, 3 P.
Will. 154; Powel v. Clever, 2 Bro. C. C. 510; Butler v. Butler, 3
Atk. 60; Creuze v. Hunter, 2 Cox, 242; Lyons v. Blenkin, 4 Cond.
Cha. Rep. 124; or where the father takes a benefit under the will,
the same Elizabeth Pratt five days next preceding the said twenty-second
day of this instant. February.
Copies having been serTed as directed, the case was again brought before
the Court.
EDEN, C.. 17th April, 1773.—Upon consideration of the said petition; and
the same Elizabeth Pratt having been properly served with a copy of the
said petition and the order thereon: and the said Christopher C. Routh being
present with the said William Pratt, and having fully proved and estab-
lished the several allegations of the said petition. It is hereby Ordered and
Decreed, that the said William Pratt, with his estate, be removed from the
custody and guardianship of the same Elizabeth Pratt, and that the custody,
guardianship and care of the same William Pratt. with his estate, be and is
hereby committed to the same Christopher Cross Routh, the said Christopher
C. Routh giving security to account for the profits of the estate of the said
William Pratt according to such orders as shall from time to time be made
by the Chancellor of this Province for the time being, and to the same Wil-
liam Pratt when he shall arrive at the age of twenty-one years, and his
executors and administrators, deducting thereout what may be sufficient
for the maintenance and education of the same William Pratt, without
diminution of the principal: and conduct himself by and pursue and keep
the orders and directions of the Acts of Assembly of this Province relative
to guardians who are either appointed by the respective County Courts of
this Province, or therein chosen by orphans, where the same shall not be
inconsistent -with or repugnant to the orders from time to time of the Chan-
cellor for the time being.
After which C. C. Routh gave bond as required, &c.—Chancery Proceed-
ings, lib. W. K. No. 1, fol. 134.
|
|