Braly

I. Catherine Harrison could not be continued as natural tutrix, nor be appointed dative tutrix, after her second marriage.

In France, a widow about to marry and desiring to retain the guardianship of her infant children, should secure the assent of a “family meeting” before the second marriage. "If the mother, being guardian, desires to marry again, she is required, before the act of marriage, to convoke a family council, who shall decide whether the guardianship ought to be continued to her. In default of such convocation she shall lose the guardianship entirely; and her new husband shall be jointly and severally responsible for all the consequences of the guardianship which she shall have unduly, continued. *

In Louisiana, when the minor is the child of a first marriage, and the mother has already contracted a second, the judge may confer the tutorship on her “upon the advice of a family meeting convoked for that purpose. ” †

By the law of Mexico, however, where “family councils” are unknown, the mother who marries a second time, “by that act alone,” loses the tutory. ‡

In Spain, after the order of April 12, 1839, she could apply on petition, for dispensation of the legal…

concurring:

dissenting: