Page:Federal Reporter, 1st Series, Volume 1.djvu/29

 inOON V. LAMAB. , 21 �as it appears by the statutes of Alabama, put in evidence, it •was in ail respects in conformity with those statutes, and by a court of competent jurisdiotion. It is objected on the part of the plaintifif that a new guàrdian cannot be appointed till the former guàrdian is removed or superseded. This may be the rule where both guardians are appointed within the same jurisdiction. There seems, however, no legal objection to there being several guardians in several different states if the infant bas property in different states which requires the care of a guàrdian. �The defendant's testator was appointed guàrdian of the person and property of the infants. When they removed from the state of New York, which they did with the relatives with whom they lived in the year 1856, his daty and power as guàrdian of the person may bave ceased, or been suspended at least, until they might return, on the ground that his ap- pointment under the laws of New York would give him no power to control their persons beyond the local jurisdiction of those laws ; and when the infants became, as they did, domiciled in Alabama, I think the power of the state of Ala- bama to provide by law for the appointment of a guàrdian of their persons, and of such property as they might have within its jurisdiction, cannot be questioned. �The fact that there was aiready a guàrdian of some of their property in another state or country is not inconsistent with the exercise of this power; and it. would certainly be most proper, and in many cases convenient, and for the true interest of the infant, that in case of a change of domicile a new guàrdian should be appointed within the new jurisdic- tion; and a transfer of funds from a former guàrdian to,the new guàrdian appointed in the state of the infant's domicile might be very properly authorized by the court ,to which the former guàrdian is accountable, upon the same principles of equity and comity on which the transfer of funds in the bands of an executer or administrator, to an executor oi ad" ministrator in another, state, may be authorized. Parsons \. Lyjnan, 20 N. Y. lOS,' �In the present case the former guàrdian, Mr. Lamar, ��� �