to his Expectations (a). A Stranger can give his Estate on what Conditions he pleases; and where a Grandfather has given his Estate to a Grandson, and appointed Guardians of his Estate and Person, if the Father did not submit to the Will, his Opposition has worked a Forfeiture of his Son's Estate: but if there is any Gift in the Will to the Father, and he accepts it, the Court will direct and appoint a Guardian on his presumed Submission (b); but if the Father, not knowing that he was making an Election, pays back the Money, the Court will not interfere (c). A testamentary Guardian, by Statute, has all Remedies at Law which a a Father has (d), and his Power is considered as a Continuation of his parental Authority (e). Guardians at common Law may be removed, or compelled to give Security, if there is any Danger of their abusing the Person or Estate of their Ward (f); but a Statute Guardian is not wholly removed, though Terms have been imposed on them to prevent their doing any Injury to the Prejudice of the Infant (g): but a Guardian is considered only a Trustee, on whose Misbehaviour, or giving Occasion for Suspicion, the Court will interfere (h). A testamentary Guardianship is not assignable, and it being a bare Power or Trust, and but an Authority coupled with an Interest, if one or more of several Guardians die, the Guardianship survives, and will not pass to their Representatives (i). If a testamentary Guardian refuses to act, a summary Application by Petition may be resorted to, for the Appointment of another Guardian (k); but it should seem that if a Guardian has accepted the (a) 2 Bro. C. C. 500. 4 Bro. C. C. 101. (b) Ambl.306.7. 6 Madd.89. (f) 3 Ch. Rep. 58. 2 Ch. Co. 237. (g) 1 P. Wms. 698. 2 P. Wms. 112. (h) 1 P. Wms. 702. (i) 2 P. Wms. 103. 121. Vaughs. Rep. 179. (k) 1 Sch. and Lef. 106. 3 Bro. C. C. 500. Guardianship, if he refuses to act, the Court will compel him to act, and not appoint another in his Stead, but under very particular Circumstances (a). If the Guardian misbehaves, the Court, as a Matter of Fact, has Jurisdiction, and will interpose by Petition (b); and where he does not do his Duty, or if any other sufficient Ground be made out, the Court will allow him to be removed; but so long as he remains, he is considered responsible (c); but any Act of the Guardian, though without Authority, if it be beneficial to the Infant, will be protected (d); and if it be necessary to change the Guardian it may be done upon Petition (e); but if the Guardian has acted, to remove him for Misconduct a Bill must be filed (f). Bankruptcy would be a good Cause for changing a Guardian, and for a Reference to a Master to approve of another Person to act as Guardian (g); but a Guardian is not objectionable because he dissents from the Doctrine of the Established Church (h). Lord Manners held that the Marriage of a second Husband per se was not a sufficient Reason for taking away a testamentary Guardianship from a Mother, though Devisee expectant upon the Death of the Infant without Issue (i); a testamentary Guardian cannot change the Nature of the Estate by turning real Estate into personal, or Personalty into Real (k), unless authorized by the Will (7). Where Guardians disagree as to the Management of the Ward, the Guardianship devolves on the Court (m), and parol Evidence will be admitted to shew the Intention of the Father, as to the Education of the Infant (n). (a) Ambl. 28. (b) 2 P. Wms. 106. (f) 1 Sch. and Lef. 106. (h) 1 Bull and Best. 61. (k) 1 Ves. 461. Copy of Mr. Wilmot, the Lord Chancellor's Secretary's Circular Letter to the Masters relating to Reports of Guardians, and Maintenance of Infants Sir, Bloomsbury Square, 6 Augt. 1777. I am directed by my Lord Chancellor to intimate to the Masters of the Court, that his Lordship finds it materially necessary in all Reports of Guardians and Maintenance of Infants, that Mention should be made in such Reports of the Age of the Infants, and of the Nature and Amount of the Infant's Fortune, and of the Evidence or Grounds on which any particular Persons are approved of as Guardians; and in Cases where Guardians are approved of the Persons and Estates of Infants, to state whether such Guardians are willing to enter into a Recognizance before the Master duly to account for such Part of the Infant's Fortunes as shall come to their Hands, as the Court shall direct. BILL OF COSTS ON A PETITION, That an Infant Heir may be directed to convey Mortgaged Engrossing same, fol. 10, and Duty 0 5 10 Paid answering Petition Paid for Order Paid entering the same 056 0 12 0 0 3 0 Attending Mr. D. taking Instructions for his Affidavit of the Death of the Mortgagee in Support thereof 0 6.8 and Affidavit, Copy, and Service 0 4 6 Warrant to proceed thereon, Copy, and Service Attending thereon, when the State of Facts was allowed Paid for a Copy of the Draught of 046 068 the Master's Report, fol. 13 - 0 6 6 Warrant on Report being prepared, 068 0 4 6 6 Warrant to settle Copy, and Service 0 4 Attending examining the Transcript of the Report 8 0 6 068 0 4 6 Warrant to sign the Report, Copy, and Service s. d. |