Testamentary Guardian

A guardian appointed by last will of a father to have custody of his child and his real and personal estate till he attains the age of twenty-one. In England, the power to appoint such guardian was given by 12 Car. II. c. 24. The principles of this statute have been generally adopted in the United States (12 N. H. 437), but not in Connecticut (1 Swift, Dig. 48). TESTAMENTUM (Lat.) In Old English Law. A testament or will; a disposition of property made in contemplation of death. Bracton, fol. 60. A general name for any instrument of conveyance, including deeds and charters, and so called either because it furnished written testimony of the conveyance, or because it was authenticated by witnesses (testes). Spelman. TESTAMENTUM EST VOLUNTATIS nostrae justa senten'tia, de eo quod quis post mortem suam fieri velit. A testament is the just expression of our will concerning that which any one wishes done after his death; or, as Blackstone translates, "the legal declaration of a man's intentions which he wills to be performed after his death." 2 Bl. Comm. 499; Dig. 28. 1. 1; Id. 29. 3. 2. 1.

A guardian appointed by last will of a father to have custody of his child and his real and personal estate till he attains the age of twenty-one. In England, the power to appoint such guardian was given by 12 Car. II. c. 34. The principles of this statute have been generally adopted in the United States.

A guardian appointed by the last will of a father for the person and real and personal estate of his child until the latter arrives of full age. 1 Bl. Comm. 462; 2 Kent, Comm. 224.

Defined under Testamentary in Black's Law Dictionary.