GUARDIAN. One who legally has the care and management of the person, or the estate, or both, of a child during its minority. Reeve, Dom. Rel. 311.
A person having the control of the property of a minor without that of his person is known in the civil law, as well as in some of the states of the United States, by the name of curator. 1 Lac. el. du Droit Civ. ROM. 241; Mo. Rev. Stat. 1855,823.
2. Guardian by chancery. This guardian ship, although unknown at the common law, is well established in practice now. It grew up in the time of William III., and had its foundation in the royal prerogative of the king as parens patrice. 2 Fonblanque, Eq. 5th ed. 246.
This power the sovereign is presumed to have de legated to the chancellor. 10 Ves. Ch. 63 ; 2 P. Will. Ch. 118; Reeve, Dom. Rel. 317. By virtue of it, the chancellor appoints a guardian where there is none, and exercises a superintending con trol over all guardians, however appointed, remov ing them for misconduct and appointing others in their stead. Coke, Litt. 89; 2 Bulstr. 679 ; 1 P. Will. 703; 8 Mod. 214; 1 Ves. Ch. 160; 2 Kent, Comm. 227.
This power, in the United States, resides in courts of equity, 1 Johns. Ch, N. Y. 99 ; 2 id. 439, and in probate or snrrogate courts. 2 Kent, Comm. 226; 30 Miss. 458 ; 3 Bradf. Burr. N. Y. 133.
Guardian by nature is the father, and, on his death, the mother. 2 Kent, Comm. 220; 2 Root, Conn. 320; 7 Cow. N. Y. 36; 2 Wend. N, Y. 158 ; 4 Mass. 675.
This•gdirdianship, by the, common law, extends only to the person, and the subject of it is the heir apparent, and not the other children,—not even the daughter when there are no sons; for they are not heirs apparent, but presumptive heirs only, since their heirship may be defeated by the birth of a son after their father's decease. But as all the chil dren male and female equally inherit with ne, this guardianship extends to all the children, as an in herent right in their parents during their minority. 2 Kent, Comm. 220.
3. The mother of a bastard child is its natural guardian. 6 Blackf. Ind. 357; 2 Mass. 109; 12 id.
383; Reeve, Dom. Rel. 314, note. The power of a natural guardian over the person of his ward is perhaps better, explained by reference to the rela tion or parent and child. See Denim. It is well settled that the court of chancery may, for just cause, interpose and control the authority and dis cretion of the parent in the edncation and care of his child. 5 East, 221; 8 Paige, Ch. N. Y. 47; 10 Ves. Ch. 52.
A guardian by nature is not entitled to the con trol of his ward's personal property, 34 Ala. v. B. 15, 565; 1 P. Will. 285; 7 Cow. N. Y. 36; 6 Conn. 474 ; 7 Wend. N.Y. 354; 3 Pick. Mass. 213, unless by statute. See 19 Mo. 345. The father must sup port his ward. 2 Bradf. Burr. N. Y. 341. Bnt where his means are limited, the court will grant an allowance out of his child's estate. Id.; 1 Brown, Ch. 387. But the mother, if guardian, is not obliged to support her child if it has sufficient estate of its own; nor is she entitled, like the fa ther, when guardian, to its services, unless she is compelled to maintain it.
A father as guardian by nature has no right to the real or personal estate of his child : that right, whenever he has it, must be as a guardian in soc age, or by some statutory provision. 15 Wend. N. Y. 631.
4. Guardian by nurture. This guardian ship belonged to the father, then to the mother.
The subject of it extended to the younger chil dren, not the heirs apparent. In this country it does not exist, or, rather, it is merged in the higher and more durable guardianship by nature, because all the children are heirs, and, therefore, the sub ject of that guardianship. 2 Kent, Comm. 221, Reeve, Dom. Rel. 315; 6 Ga. 401. It extended to the person only, 6 Conn. 494; 40 Eng. L. & Eq.109, and terminated at the age of fourteen. 1 Black atone, Comm. 461.
Guardian in socage. This guardianship arose when socage lands descended to an in fant under fourteeti years of age; at which period it ceased if another guardian was ap pointed, otherwise it continued. Andr. 313; 5 Johns. N. Y. 66.