Page:United States Statutes at Large Volume 31.djvu/1421

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1369 CHAPTER .THIRTY-ONE. GUARDIAN AND WARD. Geerererem were Sec. 1123. NATURAL GUARDIANS.—Th6 father and mother shall be Father me merher the natural guardians of the person of their minor children. If either ildéliltlfhllgdldrdiam dies or is incapable of acting, the natural guardianship of the person shall devolve upon the other: Provided, however, That in case of the _0}}"*g';j;°;)€ umhm death of either parent from whom said children shall inheritor take property. q S by devise or bequest, such parent may by deed or last will and testament appoint a guardian of the property of the children, subject to the a proval of the proper court o the District of Columbia: And_g>ro oideegfurther, That nothing herein contained shall be held to limit or €,§Yh°”°p“'€“““““h affect the power of a court of equity to appoint some other erson guardian of such children when it shall be made to appear to said) court that the welfare of said children requires it. Sec. 1124. TESTAMENTARY GUARDIANS.·—EVBPy father or mother, g,,,'§,‘?d§§,‘j‘,{""”*“’Y whether of full age or not, when the other parent does not survive, may, by last will and testament, appoint a uardian of the person to have the care, custody, and tuition of his or ger infant child, not being a married female; and if the person so appointed shall refuse the trust, said court may appoint another person in his place. _ Sec. 1125. AP1>o1NTMEN’r BY coUR1‘.—If any infant shall have neither c0‘§.’§““”m°“° by natural nor testamentary guardian, a guardian of the person may be appointed by the probate court in- its own discretion or on the application of any next friend of such infant. Sec. 1126. WHnN eUARD1ANsH11> onAsns.-The natural uardianship ceffgggu g““’di*““mP or the appointive guardianship of the person aforesaid shall cease, in ` the case of a male infant when he is twenty-one years of age, and in the case of a female Txifant when she is eighteen years of age or marries. _ Sec. 1127. WHEN GUARDIAN on ESTATE is APPOINTED BY ooUn·r.— ,,,L'§‘_,,°{·;, ,,§};,‘g,§‘,§'§g Q; Subject to the rovisions of the receding sections of this chapter, e¤¤rrwhenever land shall descend or be d)evised to any infant under twenty- one years of age, or such infant shall be entitled to a distributive share of the personal estate of an intestate, or to a legacy or bequest under a last will, or shall acquire any real or personal property by gift or purchase, the said court may appoint a guardian of said infant’s estate; and if there shall be a guardian of the person of such infant the guardian of the estate so appointed may be the same or a different person. The said appointment may be made at any time after the probate of the will or the grant of administration where the infant is entitled as devisee, legatee, or next of kin. Sec. 1128. PRnnnnnNons.—Whenever it shall be necessary for the Hwgggrrgigg Preferred court to appoint a guardian of the infant’s estate, as aforesaid, the ' father, if living, or, if he be dead, then the mother, if living, or, if the infant be a married female her husband, shall have the preference over other persons, unless the infant be over fourteen years of age, as hereinafter directed: Provided, That in the judgment of the court, the  8 mumble parent or husband so entitled shall be a suitable person to have the person. management of the infant’s estate. » . Sec. 1129. HUSBAND on PARENT nNJoiNn1>.-—On the application of €¤§¥M¤_=£e,¤d er Perem any friend of an infant entitled to real or personal estate, or in the ` exercise of its own discretion, the court may enjoin any parent or husband or testamentary guardian of such infant from interfering with said infant’s estate without being appointed and giving bond as guardiaié of such estate. Wh t h H b C t Hmmm no..1130. JONSENT on 1NnAN·r.— en 1 s a e necessary to errrerr ° appoint a guardian, either of the person or the estate, of an infant, S€1€cmuOfguardim`