MOTHER. A woman who has borne a child.
2. It is generally the duty.of a mother to support her child, when she is left a widow, until he becomes of age or is able to main tain himself, 8 Watts, Penn. 366 ; 16 Mass. 135 • 3 N. H. 29 ; 4 id. 95 ; and even after he becomes of age, if he be chargeahle to the public, she may, perhaps in all the Etates, be compelled, when site has sufficient means, to support him. But when the child has pro perty sufficient for his support, she is not, even during his minority, obliged to maintain him, 1 Brown, Ch. 387; 2 Mass. 415 ; 4 id. 97; but will be entitled to an allowance out Of the income of his estate, and, if need be, out of the principal, for his maintenance. 2 Fla. 36 ; 2 Ati.c. Ch. 447 ; 5 Ves. Ch. 194 ; 7 id. 403 ; 3 Dutch. N. J. 388. During the life of the fathor she is not bound to support her child,qhough she have property settled to her separate use and the father be dead tute. 4 Clark & F. Hou. L. 323 ; 11 Bligh. N. s. 62.
3. When the father dies without leaving a testamentary guardian at common law, the mother is entitled to be the guardian of the person and estate of the infant until he ar rives at fourteen years, when he is able to choose a guardian. Littleton, 123 ; 3 Coke, 38 ; Coke, Litt. 84 b ; 2 Atk. Ch. 14 ; Comyns, Dig. Feme (B, D, E); 7 Ves. Ch. 348. See 10 Mass. 135, 140; 2 id. 415; Harp. So. C. 9 ; 1 Root, Conn. 487 ; 22 Barb. N. Y. 178 ; 2 Dutch. N. J. 388 ; 2 Green, Ch. J%T. J. 221 ; 3 Dev. & B. No. C. 325 ; 9 Ala. 197. The right of the widowed mother to the earnings and services of her minor child does not ap pear to have been precisely determined ; but it is by no means so absolute as that of the father. 31 Me. 240 ; 15 N. H. 486 ; 4 Binn.
Penn. 487; 3 IIill, N. Y. 400 ; 14 Ala. 123 ; 15 Mass. 272 ; 16 id. 28 ; Harp. So. C. 9.
4. In Pennsylvania, when the father dies without leaving a testamentary guardian, the orphans' court will appoint a guardian until the infant shall attain his fourteenth year. During the joint lives of the parents, the father has the only control and custody of the children, except when in special cases, as when they are of tender years, or when the habits of the father render him an un suitable guardian, the mother is allowed to have possession of them. 6 Rich. Eq. So. C. 344 ; 1 P. Browne, Penn. 143 ; 3 Binn. Penn. 320; 2 Serg. & R. Penn. 174 ; 13 Johns. N. Y, 418; 2 Phill. 786 ; 2 Coll. 661.
5. The mother of a bastard child, as natural guardian, has a right to the custody and con trol of such child, even as against the putative father, and is bound to maintain it, 2 Mass. 109 ; 12 id. 387, 433 ; 2 Johns. N. Y. 375 ; 15 id. 208 ; 6 Serg. & R. Penn. 255 ; but after her death the court will, in its discretion, deliver such child to the father in opposition to the claims of the maternal grandfather. 1 Ashm. Penn. 55 ; Strange, 1162. See BASTARD.
The mother of one's wife or of one's husband.