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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 485   View pdf image (33K)
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CORRIE'S CASE.—2 BLAND. 485

for his maintenance and education. Roach v. Garmn, 1 Ves. 158;
Stephens v. James, 7 Cond. Chn. Rep. 197.

But it is believed, that there is no well considered adjudication, by
which it has been determined, in opposition to the rale laid down
by the most eminent writers on public law, that the appointment
of a guardian to a foreign infant, under the 1a\v of his domicil,
must be recognized and allowed every where else.

In the case under consideration, this Court is called upon to
appoint a guardian to several male and female infants by their
father and natural guardian; for whom, even if they had no natu-
ral guardian, it is at least questionable, whether any of the Or-
phans' Courts could appoint a guardian: because the lands of these
infants do not lie any where within this State; and because no ad
ministration could be granted here of the personal property, lying
within the British dominions, which has been bequeathed to them,
by one who died abroad, who was not domiciled within this State,
and who left no property here. Their case is, in these respects,
peculiar. But being citizens of Maryland, it is the duty of this
State to protect their interests; and the discharge of that duty, by
virtue of the general jurisdiction with which he has been clothed in
such cases, devolves upon the Chancellor. According to the prin-
ciples of equity by which this Court is governed, where property has
been in any way acquired by an infant, whose parents are living,
it may, if necessary, provide for its preservation, either independ-
ently of such natural guardian, or by compelling him to give
* security for its safety; Dayley v. Tolferry, I P. Will. 283; 508
Butler v. Freeman, Amb. 392; Colson v. Morris, 4 Cond. Cha.
Rep. 121, note; and in addition to this general authority of this
Court, it has been expressly declared, not only as formerly, that a
natural guardian may be called on by the Orphans' Court to give
bond for the performance of his trust: 1798, ch. 101, sub-ch. 12, s.
3; but that every natural guardian, or guardian ; appointed by last
will, shall give bond, with sureties to be approved by the Orphans'
Court, and shail be under the like regulations as are prescribed
with respect to other guardians. 1810, ch. 203, s. 1.

Here it is not only necessary to provide for the safety of the
property belonging to these citizen infants; but, as it is to be col-
lected and brought here for their benefit, from abroad, it becomes
necessary, for the purpose of facilitating its removal, to affirm the
natural guardianship of their father by the high authority of this
Court; and thus have the legality of his power, authenticated under
the great seal of the State, which, by the law of nations, is accre-
dited every where; Anonymous, 9 Mod. 66; The, United State, v,
Johns, 4 Doll. 416; Church v, Hubbard, 2 Cran. 187; Peake's
Evid. 73, note; (f) so that by virtue of such appointment, he may

(f) On the petition of William Winchester, and Henrietta his wife, stating,
that Henry Irwin, of Pennsylvania, died there intestate, leaving real and

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 485   View pdf image (33K)
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