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430 JONES v. STOCKETT.
bastard child; and it may be taken even from its mother, and
placed beyond the reach of contamination from her vicious habits.
But, as in thus separating parent and child, the only object is to
protect the infant from the vices, the maltreatment, or the miscon-
the children of the testator, and to deprive her surety for the due execution of the
will of the means to counter secure himself, he having on petition obtained an order
from the County Court to possess himself of the estate of the testator in her hands.
From all which the petitioner was truly apprehensive of his suffering greatly with
respect to the profits of his real estate for which there was no security; and that
his education would be totally neglected. Whereupon he prayed, that, as the said
Elizabeth had disqualified herself to be his guardian, he might be removed from her
custody, and have another guardian assigned for him, or have such other relief as
might seem meet and agreeable to justice. To this petition there was subjoined an
affidavit of the next friend of the truth of its allegations, made before a justice of
the peace.
6th February, 1773.—EDEN, Chancellor.—Ordered, that the same Elizabeth Pratt
appear in the High Court of Chancery on Monday, the twenty-second day of this
instant, February, to shew cause, if she hath any, why the said William Pratt, with
his estate, should not be removed from the custody and guardianship of the same
Ellizabeth, and some other guardian be assigned for him. And that the said Chris-
topher C. Routh also appear at the same time and place, and bring with him the
aforesaid William Pratt; and then and there produce testimony to prove and estab-
lish the several allegations of the said petition; and that a copy of the same petition
and this order be served on the same Elizabeth Pratt five days next preceding the
said twenty-second day of this instant, February.
Copies having been served as directed, the case ;was again brought before the
court.
11th April, 1773.—EDEN, Chancellor.—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 established 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 Wil-
liam 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 William 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 Chancellor for the time being.
After which C. C. Routh gave bond as required. &,c.—Chancery Proceedings, lib,
W, K. No. 1, fol 134.
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