Mother
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
domestic relations. A woman who has a child. 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 maintain himself; and even after he becomes of age, if he be chargeable to the public, she may, perhaps, in all the states, be compelled, when she has sufficient means, to support him. But when the child has property sufficient for his support, she is not, even during his minority obliged to maintain him.
1 Bro. C. C. 387; 2 Mass. R. 415; 4 Mass. R. 97.
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, dian. Litt. sect.
123; 3 Co. 38; Co. Litt. 84 b; 2 Atk. 14; Com. Dig. B, D, E; 7 Ves. 348.
In Pennsylvania, the Orphans’ Court will in such case appoint a guardian until the infant shall attain his fourteenth year. During the joint lives of the parents, (q. v.) the father (qv.) is alone responsible for the support of the children; and has the only control over them, except when in special cases the mother is allowed to have possession of them.
1 P. A. Browne’s Rep. 143; 5 Binn. R. 520; 2 & Serg. Rawle, 174. Vide 4 Binn. R. 492, 494.