The Washington herald., 1915-02-21
mother and the guardian should act to-
gether. rs and 80 Wet. C. ~
Rights of Wards.

Ssll ACCOUNTING lEoiii dt tLt
age of twenty-one or at marriage,
though under twenty-one: but male
ward could not have an accounting until
he was of the age of twenty-one. Cooke
Lit. SEA, note 80 The 'testamentary
guardian was bound 10 keep safely the
real and personal estate of his ward, and
the issues and profits of the real estate:
and if he makes or suffers any waste.
sale. or destruction of the inheritance. he
IS liable to he removed. and answer in
treble damages" g Kent's Com, 80
The guardians power was strictly local
armstrong V. Lear. Is Wheat. ies) Even
q lease of wards real estate was abso-
lutely void. e Wills, lc9.)
But through the vicissitudes of the
ages this .oid statute has been handed
down the centuries. not. however. with
tn. same effect as when originally en-
acted. and according to the intent of the
ancient lawmakers and the ccntem-
poraneous construction of the courts,
which were in accordance with the con-
ditions coeval: but with the gradual
notifications necessitatcd by different
conditions. These notifications have.
from time to time, been made by the
courts through the common law. and the
flcxihility for which the common law is
beneficially characteristic. And thus,
certain Of our American States have
system OF jurisprudence this old statute,
altered 10 its present adaptation therein.
Authority to Wife.
In upholdinE this statute, which i.
so rapidly being relegated by the Wig
orous efforts of the suffra Sists, Chief
Justice Alvey in 1896, in the leading
case of Slack vs.. Perrine % App. ID. c.,
I'D, said: The father. the head OF
the family. and responsible for the
tuition and support of his children. Is
allowed TO delegate his authority to his
surviving wife, OF to his selected rela-
ton or friend. to be exercised after
his death. And there may be many
reasons why the wife should not be
selected. The prospect of second
marriage OF the wife. and the introduce
tion of his children into the household
OF. and TO b., made subject to the con-
troll and. possibly. 10 harsh and I'M
sympathizinS treatment of a stranger
TO his blood; then the age or Ill health
OF the wife: or worse still, her mental
or moral unfltneSS to train and take
proper care of the children. are all
matters that would likely influence.
and may well Justify u father, solicit
tous for the welfare of his children.
in making the selection of a relative
or friend TO be their guardian, rather
than the mother"
But. nevertheless. in obedience to
the rcpuEnsnce shown by certain agi-
tators of alleged new thought, pro-
ErcsS and millennium IDEAS" our leg
iSIatorS of the various States OF the
United States nave either abolished or
materially modified the statute; and
This rCpugnance has been made thus
effective without the ballot.
Powers OF states.
Th" following enumeration presents
tn" effect, if any OF the statute in the
American States. and the authority
therefor. namely:
Alabama: Father cannot appoint
teaty. guardian to child under fourteen
other than tho mother e Code. sec,
4Gf0l. Ariz"ria: Father may only ap-
point with written consent of mother;
mother may appoint absolutely to her
illcEitimate child. and either parent
may appoint after death Of other q
Code. l1lS). Arkansas: Surviving par
ont may appoint (Sand. d H. Dig. sec.
35Ti) California: Either surviving pa
rent may appoint; father may APP
point for legitimate child with writ
ten consent of mother. CIV. Code, sec.
2fl.) Colorado: Surviving mother may
appoint, (AL Ammo. Stat, sec eoso)
Connecticut: No testy. guardian. per-
Father may appoint when there is just
ground for doing so. CRev. Code. c.
90 District Of Columbia: If either pa
rent dies, natural guardianship de-
wolves upon survivor: and testy. guar
dianship may be constituted Except of
married female infant (by either sur
viving parent, Code, secs. 1123-4)
Florida: Father may appoint subject
to strict responsibility of guardian
ship. (Gen. stat. 2s03) Georgia: Fa-
Their cannot appoint for child under
age of three; and surviving mother
may appoint. payne VS.. Payne. 50 Ga.
ia q . Code. sec. $3.50 Indiana:
Guardian may be appointed by either
parent, with written consent Of other.
Burns Ammo. Stat. Sec. 3066.)
Idaho: Surviving parent may appoint.
tStats.. sec. 57Sl) Illinois: Surviving par
ent may appoint, IS. x -. Rev. Stat g
ca Iowa: No such disposition permitted.
ln re OConne!l, lE Iowa $50 Kansas
Father can appoint no such guardian.
lMod. Woodmen v. Hester. g; Kan. 12'.'
Kentucky: Father may appoint any COM
potent person. preferably mother. &C. X.
Stat sec. MIS- Louisiana: Testy. ap-
pointment is unauthorized. (Suc. of lie
Blanc, 20 So. ga Maine: Father MAJ
appoint; so may mother, If widow, CRcv.
Stat. 6i1-) Maryland: Mother having Gus
tody after divorce, father cannot make
testy. appointment; and, appointment OF
mother instead of person named in will
of putative father will not be set aside
in accordance with fathers wishes.
chill v. Hill. ~ Md. $50 & RAMSAY v.
Thompson. Il Md. S1o) and surviving
mother may appoint. Code, art. eS.)
Massachusetts: Surviving mother may
appoint. pub. Stat C. 1892 Michigan:
Mother must consent. unless unfit. or ap-
pointment void, Ohrns. V. Woodward.
134 Mich. 800 Minnesota: Either father
or mother may appoint with written con-
sent OF. or after death Of other. (Gen
Stat. sec. 742s)s Mississippi: While
mother living. fathers appointment null
and void, Campbell V. Mansfield, 81 So
5sS) Missouri: Father cannot make such
appointment. DeJarnett V. Harper, IS
Mo. App. 4l5.) Montana: Without moth
er's consent, fE~s appointment null
and void, &C. Code, sec 3s5) Nebraska:
Surviving parent may appoint. &C. Stat
5cee2) Nevada: Mother may appoint aft
er divorce: and surviving parent may
appoint. &C. Laws. sec. SID New Hamp-
shire: Mother becomes sold guardian alb
solutely after fathers death. Pub. Stat.
S. 444) New Jersey: Unless mother
consents in writing with two witnesses.
fathers appointment null and void; sur
viving mother may appoint, e Gen. Stat.
1861 New Mexico: Either parent may
appoint by deed or will. &C. Laws. sec
1922 New York: As against mother.
fathers appointment null and void. Ckei-
logg ct al. Y. Burdick, Isl n. Y. 3o5.,
North Carolina: Surviving mother may
appoint, Code, Sec 1562.) North Dakota:
Without mothers consent, fathers ap-
pointment null and void, R. Codes, sec.