A guardian appointed by the court of Chancery during minority, continues until the infant arrives at twenty-one years, unless changed by order of the court, on good cause shown. The infant is not entitled, as of course, on arriving at the age of fourteen, to change the guardian appointed by the court.(g)

A surrogate has power to appoint a guardian, but has no jurisdiction over him as a trustee.(h)

Chancery has the same superintendance and control over guardians, by statute or testamentary guardians, as it has over guardians in socage.(i)

Every guardian, however appointed, is responsible to this court for his conduct, and may be removed for misbehaviour.(k)

A guardian to an infant, appointed in another state, is not entitled to receive from the administrator here the legacy or portion of the infant. (1)

The guardian must be appointed here and give competent security, to be approved of by this court, before the payment of the infant's money will be ordered.(m)

Where one of the sureties before given by the guardian had become insolvent, the court refused to order moneys belonging to the infants, and which had been paid by the administrator, to be paid over to the guardian, until other and further security had been given by him.(n)

A guardian has no power or control over the real

1. When

appointed.

estate of his ward, further than concerns the rents and profits.(o)

When certain commissioners appointed to make partition of the real estate of an intestate, pursuant to an act of the Legislature, sold parts of the estate, and paid part of the proceeds into this court, pursuant to an order for that purpose, and which had been invested in public stock by the assistant register, the court refused, on the petition of the guardian, to order the moneys to be paid over, or the stocks transferred to him.(p)

When a bond given by a surety for the guardian of an infant, was taken by the surrogate in the name of the people, instead of the infant, the court corrected the mistake, and considered the bond as of equal validity as if taken in the name of the infant.(9)

II. Of the appointment of a guardian ad litem.

Special Contents.

I. When a guardian is appointed.

11. Petition for appointment.

HI. Order thereon.

'The court appoints guardians for infants ad litem, guardians are who are usually their nearest relations not concerned in point of interest in the matter in question.(a) And if a person is by age or infirmity reduced to a second infancy, upon due proof by affidavit, or otherwise, of such imbecility, the court will admit them to appear and answer by guardian.(6)

(0) Ibid. (p) Ibid.

(a) Mitf. Plead. 82.

(b) In the matter of Barker, 2 Johns.

(9) Wiser v. Blachley, 1 Johns. Chan, Chan. Rep. 235. Rep. 607.

If a person has religious scruples against being a party in a suit, and this is made to appear either by affidavit or the report of a master, as may be directed, he may, it seems, sue by prochein amy.(c)

Petition.

To the Honorable James Kent, Chancellor of the

State of New-York.

petition.

The petition of S. L. and A. L. respectfully shew- 2. Form of eth-that your petitioners are infants under the age of twenty-one years, that a bill hath lately been filed in this honorable court by W. P. against your petitioners and others, to foreclose certain mortgages executed by L.L. deceased, the father of your petitioners; that subpoenas have been served upon your petitioners respectively requiring them to appear on the twentieth day of October, inst. to answer the said bill of complaint.

Your petitioners therefore pray, that a guardian ad litem may be appointed for them by this honorable court, to appear and defend the said suit.

And your petitioner will ever pray, &c.

I. S. Sol'r for petitioner.

I consent to be the guardian ad litem, for the above named petitioners.

(c) Malin v. Malin, 2 Johns. Chan. Rep. 258.

C. D.

3 Order.

1. Statute au

In Chancery.

Between

Order.

(S. L. and A. L. impleaded

with others
ads.

W. P.

On reading the petition of S. L. and A. L. setting forth that a bill hath been filed against them and others, by W. P. and praying that a guardian ad litem may be appointed for them; and upon reading and filing the acceptance of C. D. a solicitor of this court, to become such guardian, it is ordered that the said C. D. be the guardian ad litem of the said infants in the above suit.

III. Of the appointment of guardians to sell infants' property under the act of 24th March, 1815.(a)

Special Contents.

I. Statute authorizing such sales.

II. Rule directing the mode of proceeding,
III. Form of petition.

IV. do. of master's report thereon.

V. do. of order appointing the guardian.
VI. do. of guardian's report of terms of sale.
VII. do. of surety bond given by guardian.
VIII. do. of register's certificate that bond is filed.
do. of order confirming the guardian's sale.
X. do. of guardian's deed for the premises.

XI. do. of guardian's report of the investment of the proceeds.

The act of the 24th March, 1815, entitled, "An act thorizing such in addition to the act concerning infants," provides,

gales.

(a) 33 Sess. ch. 106. 3 Vol. Laws.(c) 103.

that whenever any infant shall be seised of any lands or tenements, or be entitled to any term to come in any lands in the state, and it shall be represented to the Chancellor, on behalf of said infant, that his or her interest requires that the said lands or term should be sold or disposed of, the Chancellor may, in a summary manner, proceed to inquire into the merits of the application, and to order a sale or disposition of the property in the manner hereinafter directed, and from such time, the infant shall as far forth as relates to such property, its proceeds and income, be considered a ward of the court of Chancery.

That on every such application, the Chancellor shall, in his discretion, appoint one or more suitable persons guardian of the infant in the premises, who shall give bond to the infant, to be filed with the register or assistant register of the court of Chancery, in such sum, with surety, and in such form as the Chancellor shall direct, for the faithful and just performance of the trust reposed in such guardian, and for the observance of such orders and directions as the Chancellor shall from time to time make in the premises, in relation to such trust; which bond, if forfeited, may be prosecuted in any court having cognizance of the same, by the direction of the Chancellor.(b)

That after such bond shall be given and filed as aforesaid, the Chancellor may, when, and as often as it shall satisfactorily appear to him that the interest of the infant requires, or will be substantially promoted by a sale or other disposition of the lands or term of such infant, or of any part or parts thereof, direct a sale or other disposition of such lands or term to be made by the guardian, in such way and manner, and with (b) Idem.