Guardian

the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court." § 51.02(3).

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 Lee. Elm. 241; Rev. St. Mo. 1855, p. 823. Guardians are also sometimes appointed of idiots, spendthrifts, etc. The general classes of guardians are: (1) Guardian by chancery. This guardianship, 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 patriae. 2 Fonbl. Eq. (5th Ed.) 246. This power the sovereign is presumed to By virtue of it, the chancellor appoints a guardian where there is none, and exercises a superintending control over all guardians, however appointed, removing them for misconduct, and appointing others in their stead. Co. Litt. 89; 2 Bulst. 679; 1 P. Wms. 703; 8 Mod. 214; 1 Ves. Jr. 160; 2 Kent, Comm. 227. This power, in the United States, resides in courts of equity (1 Johns. Ch. [N. Y.] 99; 2 Johns. Ch. [N. Y.] 439), and in probate or surrogate courts (2 Kent, Comm. 226; 30 Miss. 458; 3 Bradf. Sur. [N. Y.] 133). (2) Guardian by nature. 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. (3) Guardian by nurture. This guardianship belonged to the father, then to the mother. The subject of it extended to the younger children, not the heirs apparent. In this country it does not exist, or, rather, it is nierged in the higher and more durable guardianship by nature, because all the children are heirs, and, therefore, the subject 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. Law & Eq. 109), and terminated at the age of fourteen (1 Bl. Comm. 461). (4) Guardian in socage. This guardianship arose when socage lands descended to an infant under fourteen years of age; at which period it ceased if another guardian was appointed, otherwise it continued. And. 313; 5 Johns. (N. Y.) 66. The person entitled to it by common law was the next of kin, who could not by any possibility inherit the estate. 1 Bl. Comm. 461. Although formerly recognized in New York, it was never common in the United States (5 Johns. [N. Y.] 66; 7 Johns. [N. Y.] 157), because, by the statute of descents generally in force in this country, those who are next of kin may eventually inherit. Wherever it has been recognized, it has been in a form differing materially from its character at common law. 15 Wend. (N. Y.) 631. (5) Guardians by statute. These are of two kinds: First, testamentary; second, those appointed by court in pursuance of some statute. (6) Testamentary guardians. These are appointed by the deed or last will of the father, and they supersede the claims of all other guardians, and have control of the person and the real and personal estate of the child till he arrives at full age. (7) Guardians appointed by court. The greater number of guardians among us, by far, are those appointed by court, in conformity with statutes which regulate their powers and duties. In the absence of special provisions, their rights and duties are

or WARDEN, OF THE

A guardian is a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person, who, for some peculiarity of status or defect of age, understanding or self-control, is considered incapable of administering his own affairs. Bass v. Cook, 4 Port (Ala.) 392; Sparhawk v. Allen, 21 N. H. 27; Burger v. Frakes, 67 Iowa, 460, 23 N. W. 746. A guardian is a person appointed to take care of the person or property of another. Civ. Code Cal. § 236. One who legally has the care and management of the person, or the estate) or both, of a child during its minority. Reeve, Dom. Rei. 311. This term might be appropriately used to designate the person charged with the care and control of idiots, lunatics, habitual drimkards, spendthrifts, and the like; but such person is, under many of the statutory systems authorizing the appointment, styled "committee," and in common usage the name "guardian" is applied only to one having the care and management of a minor. The name "curator" is given in some of the states to a person having the control of a minor's estate, without that of his person; and this is also the usage of the civil law. Classification, A testamentary guardian is one appointed by the deed or last will of the child's father; while a guardian by election is one chosen by the infant himself in a case where he would otherwise be without -one. A general guardian is one who has the general care and control of the person and estate of his ward ; while a special guardian is one who has special or limited powers and duties with respect to his ward, e. g., a guardian who has the custody of the estate but not of the person, or vice versa, or a guardian ad litem. A domestic guardian is one appointed at the place where the ward is legally domiciled; while a foreign guardian derives his authority from appointment by the courts of another state, and generally has charge only of such property as may be located within the jurisdiction of the power appointing him. A guardian ad litem is a guardian appointed by a court of justice to prosecute or defend for an infant in any suit to which he may be a party. 2 Steph. Comm. 342 Most commonly appointed for infant defendants; infant pinintiffs generally suing by next friend. This kind of guardian has no right to interfere with the infant's person or property. 2 Steph. Comm 343; Richter v. Leiby, 107 Wis. 404, 83 N. W. 694. A guardian by appointment of court is the most important species of guardian in modem law, having custody of the infant until the attainment of full age. It has in England in a man ner superseded the guardian in socage, and in the United States the guardian by nature also. The appointment is made by a court of chancery, or probate or orphans' court. 2 Steph. Comm. 341; 2 Kent, Comm. 226 A guardian by nature is the father, and, on his death, the mother, of a child. 1 Bl. Comm. 461; 2 Kent, Comm. 219. This guardianship extends only to the custody of the person of the child to the age of twenty-one years. Sometimes called "nafural guardian," but this is rather a popular than a technical mode of expression. 2 Steph. Comm. 337; Kline v. Beebe, 6 Conn. 500; Mauro v. Ritchie, 16 Fed. Cas. 1171. A guardian by statute is a guardian appointed for a child by the deed or last will of the father, and who has the custody bath of his person and estate until the attainment of full age. This kind of guardianship is founded on the statute of 12 Car. II. c. 24, and has been pretty extensively adopted in this country. 1 Bl. Comm. 462 ; 2 Steph. Comm. 339, 340 ; 2 Kent, Comm. 224-226; Huson v. Green, 88 Ga. 722, 16 S. E. 255. A guardian for nurture is the father, or, at his decease, the mother, of a child. This kind of guardianship extends only to the person, and determines when the infant arrives at the age of fourteen. 2 Kent, Comm. 22l; 1 Bl. Comm. 461; 2 Steph. Comm 338; Mauro v. Ritchie, 16 Fed. Cas. Il7l; Arthurs' Appeal, i Grant Can. (Pa.) 56. Guardian in chivahy. In the tenure by knight's service, in the feudal law, if the heir of the feud was under the age of twenty-one, being a male, or fourteen, being a female, the lord was entitled to the wardship (and marriage) of the heir, and was called the "guardian in chivalry." This wardship consisted in having the custody of the body and lands of such heir, without any account of the profits. 2 Bl. Comm. 67. Guardian in aocaae. At the common law, this was a snecies of guardian who had the custody of lands coming, to the infant 'Ey descent, as nishiof the infant's -person."until the latter macHea-the age of fourteen. Such guardian was alleys "the next nr kin-to whom the inheritance cnnnut baihiV descend." 1 BlAComm. 46l ; 2 StepE. Comm. 338 ; Byrne v. Van Hoesen, 5 Johns. (N. Y.) 67; Van Doren v. Everitt, 5 N. J. Law, 462, 8 Am. Dec. 615; Combs v. Jackson, 2 Wend. (N. Y.) 157, 19 Am. Dec. 568. Natural guardian. The father of a child, or the mother if the father be dead.

— Guardian de l'eglise. A church-warden.

— Guardian de l'estemary. The warden of the stannaries or mines in Cornwall, etc.

— Guardian of the peace. A warden or conservator of the peace.

— Guardian of the poor. In English law. A person elected by the ratepayers of a parish to have the charge and management of the parish work-house or union. See 3 Steph. Comm. 203, 215.

— Guardian of the spiritualities. The person to whom the spiritual jurisdiction of.any diocese is committed during the vacancy of the see.

— Guardian of the temporalities. The person to whose custody a vacant see or abbey was committed by the crown.

— Guardian or warden, of the Cinque Ports. A magistrate who has the jurisdiction of the ports or havens which are calied the "Cinque Porte," (q. v.) This office was first created in England, in imitation of the Roman policy, to strengthen the sea-coasts against enemies, etc.

gardian, gardeyne. the charge or custody of any who has or is entitled to the infant. Guardian ad litem: justice to prosecute or defend may be a party. Guardian cliancery: the most important having custody of the infant Guardian by nature: the child. Guardian by statute: the deed or last will of the his person and estate until for nurture: the father, or, Guardian in socage: a species; substantial; material substance; the or grosse boys: great or large wood. of bottoniiy. Grosses dismes: great entire; absolute or independent; the large quantities. Gross arerage: that upon the giross amount of ship, cargo the want of slight care or diliwhich every man of common sense, in his own affairs. ' greatly. Grosseinent enseint: big with A fine, or sum of money paid for a law. Large; important; extreme; in piscis: large or great fish. Grossas arbores: great trees or wood. privilege of building on another's land; payable out of the ground before the undertakes to guaranty. for the payment of money or the another person, who is primarily and to answer for the payment of some some duty, in case of the failure of in the fii-st instance. Ward; custody; safe keeping; pro- A keeper or protector; one who has person or thing; in a stricter sense, one custody of the person or property of an a guardian appointed by a court of for an infant, in any suit to which he by appointment of the court of species of guardian in modern law, until the attainment of full age. father, and, on his death, the mother of a a guardian appointed for a child by father, and who has the custody both of the attainment of full age. Guardian at his decease, the mother of a child. of guardian who has the custody of acquires by descent Gnardian of the peace: v. Conservator of the peace. In English late. Gnardian de I'eglise: a churchwarden. Gnardian of the Cinqne Ports: v. Warden of the Cinque Ports. Gnardian of the poor: an ofi Scer appointed to act in lieu of an overseer. Gnardian of the spiritnalties: the person to whom the spiritual jurisdiction of a diocese is committed, during the vacancy of the see. Gnardian of the temporalties: the person to whose custody a vacant see or abbey was committed by the king, who, as steward of the goods and profits, was to give an account to the esoheator, and he into the exchequer.

or WARDEN, OF THE

A keeper, protector. Guardian in chivalry: the superior lord, who, when the heir was under twenty-one, if male, or fourteen, if female, in knight-service, was entitled to the wardship and marriage of the heir and the profits of the land. Guardian by statute: a kind of guardian appointed by the father's deed or will, under the 12 Car. 2, c. 24. Guardian by appointment of the Court of Chancery: when the father fails to appoint, or is an improper person. Guardian by custom: in copyhold, the next of blood; in London, the mayor and aldermen. Guardian by deed or will: i. e. of the father. Guardian ad litem: a person representing the interests of a minor in a suit at law, appointed by the court. Guardian by nature: the father, and, on his death, the mother. Guardian for nurture: the father or mother, but guardians of the person only, and until the age of fourteen. Guardian in sbcage: the next of blood, in socage tenure, to whom the inheritance cannot possibly descend; he has the custody of the infant heir's lands and person up to the age of fourteen. Guardian of the Spiritualities, Temporalities: v. Gustos spiritualium, temporalium.

Gardian, Gardeyne. [from* Fr. gardein, (q. v.); L. Lat. gardianus,guardianuS'; Lat. custos, tutor,. curator.] A keeper or protector; one who has the charge or custody of any person or thing. Cowell. Spelman, voc. Guardianus, Guardia. lu a stricter sense, one who has or is entitled to the custody of the person or property of an infant; answering to the tutor and curator of the civil law. Cou>ell, voc. Gardeyne. 1 £1. Com. 460.