Guardians at Common Law.—There were 'four kinds of guardians at common law : by nature, for nurture, in socage, and in chivalry..

Testamentary Guardians.—Guardians in chivalry were abolished and testamentary, guardians substituted by Statute 12, Car. II, c. 2-1, and made to take precedence of all other kinds of guardians.

Idem.—Like all other guardians, the testamentary guardian was subject to tho supervision of tho Court of Chancery, and could be removed for cause.

Power op the Court op Chancery over Guardians.—Guardians of all kinds are trustees, and for that reason wore subject to the supervision and amenable to tho orders of tho Court of Chancery.

Idem.—Tho power of the Court of Chancery over guardians is no greater than it is over other trustees, and it cannot therefore remove a guardian except for good causo shown or apprehended.

Guardians by the Statute op this State.—Under the statute of this State the power to appoint guardians is vested, first, in the father; second, in the mother; and third, in the Probate Court.

Idem.—Under tho statute of this State a testamentary guardian has only the powers of a probate guardian, and cannot, therefore, take the personal custody of the ward so long as there is a mother who is competent, willing, and worthy to have the custody and tuition of her child.

Ideii.—If the father dies, having appointed a guardian for his children by his last will and testament, but leaving a widow who is a qualified and fit person to have the personal custody of her children, such widow is entitled, if she so desires, to the personal care and custody of the children. In such case the power of the testamentary guardian only extends to such special directions as the father may have given in his will with reference to the education and settlement of his children, and the care and management of their property, and does not include the personal custody of the children, if objection thereto bo made by the mother.

Ipsar.—L. being the father of three children, aged respectively eight, six, and four years, made his will, by which he devised the custody of his children to his mother in these words 2 “The personal care, custody, and control of my said children I do hereby confide to my dear mother, soldi/, except in such cases as my said trustees and executors may deem contrariwise for the purposes of education,and died, leaving a widow who was in all respects a fit and proper person to bo intrusted with the personal care and custody of her children. In an action by the widow against the testamentary guardian and executors of L. for the custody of the children, it was held that, under the statute of this State, the widow's claim to the personal custody of the children was superior to that of the testamentary guardian.