COEEIE'S CASE.—2 BLAND. 479

Statute, passed in the year 1660, and adopted here, lathers have
been authorized to appoint guardians to their legitimate infant
children, 12 Car. 2, c. 24; Kilty Rep. 238; 1798. ch. 101, sub-ch. 12;
Villareal v. Mellish, 2 Swan. 536, note, it clearly appears, that
the ordinary tribunals, whose jurisdiction has been thus defined,
cannot appoint a guardian to any infant whose father or mother is
alive; or who has a testamentary * guardian: or who has no
property anywhere; or whose land does not lie within the 501
body of any county of this State; or upon whose personal estate
no administration can be granted by any Orphans' Court of this
State; and recollecting, moreover, that all guardians are con-
sidered as trustees, and as such, responsible in Chancery, whose
jurisdiction, in that respect, has been expressly saved, it will be
seen, that the Chancellor has a large scope of jurisdiction lying
entirely beyond that of the ordinary tribunals, in addition to that
wide space of authority, founded on the doctrine of trusts, which
may, as in calling guardians to account, and the like, be exercised
in concurrence with those tribunals, (c)

(e) HEPBURN v. HEPBURN.—This bill was filed by John Hepburn, an infant,
by Henrietta Maria Walker, his mother and next friend, against Samuel
Chew Hepburn, his guardian, for an account, &c. The defendant answered,
and the case was brought before the Court.

HANSON, C., 16th April, 1791.—The Chancellor is of opinion, that this Court
hath an undoubted authority to interpose in the affairs of all infants under
the care of guardians, on the application of their nearest friends. As it ap-
pears, both from the bill and answer, that at least the education of the com-
plainant hath been neglected; and that there does not exist, between him
and the defendant, such a confidence and good will as ought to prevail be-
tween persons connected by a two-fold endearing relation; as the defendant
admits a balance in his hands, belonging to the complainant, under the last
will of his father John Hepburn, Jun., to a considerable amount in current
money and tobacco; as the complainant, on attaining full age, will be entitled
to a considerable estate, both real and personal; as the Chancellor conceives
it proper for the complainant to be educated and maintained according to
his rank; as it is even most eligible for the defendant to dispose of the said
balance under the direction of this Court; and as the defendant has ex-
pressed a willingness to be directed in that respect by this Court:

It is Adjudged and Ordered, that the defendant deliver unto Henrietta M.
Walker, the complainant's mother, on or before the first day of June next,
the sum of £35 current money, and the like sum of £35, quarterly, until
the complainant shall attain his full age of twenty-one years; and that the
receipt of the said Walker shall be good against the complainant. And it
is further Adjudged and Ordered, that the said Henrietta M. Walker, pro-
vided she accept the trust in her hereby reposed, shall apply the said money
to the maintenance and education of the complainant, and not otherwise.
And that, in respect to education, the said trustee, Mrs. Walker, shall act
agreeably to the wish and inclination of the complainant: it being the intent
and meaning of this order, that the said money shall be paid to the said
trustee, whether the complainant be kept at school, or otherwise.