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to the debts of the father, like any other portion of his estate. But a father may relinquish to his child the right to such services, after which they become the property of the child, even as against the creditors of the father.

Read 1 Bl. Comm., pp. 452–454.

2 Kent Comm., Lect. xxix, pp. 203–208.

1 Pars. Cont., B. i, Ch. xvii, Sec. 2, pp. 310–312. Reeve Dom. Rel., pp. 288, 289, 290.

Schouler Dom. Rel., pp. 332-350, 367–371.

§ 194. Of the Duties of Parents toward Legitimate Children.

The rights of legitimate children, in and from their parents, are also two: Protection and Support. A parent is the natural guardian of the person of his child. As such it is his duty to protect it from external injury, and, in its defence, he may lawfully do anything that he might do in defence of himself. He is also bound to support his minor child, and provide it with necessaries suitable to his own rank and condition in life. In these necessaries are included not merely shelter, food, and clothing, but medical attendance to the child when sick, and instruction in such branches of learning as are deemed essential for children of the same station. If the father fails to supply these necessaries to his children living under his protection, or if by his cruelty he drives his children from him, a third person may supply them and charge the father with the amount. In this case, however, as in that of a wife, the third person is bound to make due inquiry, and even after such inquiry, if he supplies the child, will do so at his peril.

Read 1 Bl. Comm., pp. 446-452.

2 Kent Comm., Lect. xxix, pp. 189–203.

1 Pars. Cont., B. i, Ch. xvii, Sec. 2.
Reeve Dom. Rel., pp. 283, 286, 287.
Schouler Dom. Rel., pp. 315–331.

§ 195. Of the Duties of Parents toward Illegitimate Children.

An illegitimate child has no rights, as against its parents, except that of support. An illegitimate child is said to be nullius filius, or the son of nobody. At common law he has no inheritable blood, and no name until, by reputation, he acquires one of his own. Both the mother and the putative father are liable for the support of such a child, so far as may be necessary to keep it from becoming a public burden, and this liability may be enforced against the father, either at the suit of the mother, or of the town or parish upon which the child has been thrown for support. Read 1 Bl. Comm., pp. 458, 459.

2 Kent Comm., Lect. xxix, pp. 212–217.
1 Pars. Cont., B. i, Ch. xvii, Sec. 10.

Reeve Dom. Rel., pp. 274-282.

Schouler Dom. Rel., pp. 379–388.

§ 196. Of the Reciprocal Rights and Duties of Parents and their Adult Children.

The reciprocal rights of parents and children generally cease on the arrival of the children at the age of twentyone years. Yet if a child should, after that time, become a pauper and chargeable to the public, the parents would again be liable for its support; and the liability of an adult child, in case its parents become paupers and chargeable, is the same.

Read 1 Bl. Comm., p. 453.

2 Kent Comm., Lect. xxix, p. 206.

1 Pars. Cont., B. i, Ch. xvii, Sec. 2, p. 311.
Reeve Dom. Rel., pp. 283-286.

Schouler Dom. Rel., pp. 365, 366.

CHAPTER XV.

OF THE RIGHTS ARISING FROM THE RELATION OF GUARDIAN AND WARD.

§ 197. Of Guardian and Ward.

The relation of guardian and ward is of legal origin, and is intended partly to supply the place of, and partly to supplement, that of parent and child. A guardian is one, upon whom the care of the person or estate of a minor child has been conferred by law. Such minor child is called a ward.

Read 1 Bl. Comm., p. 460.

Reeve Dom. Rel., p. 311.
Schouler Dom. Rel., p. 389.

§ 198. Of Guardians by Nature.

Guardians are of two kinds: Guardians by nature, and Guardians by appointment. A guardian by nature has the care of the person of the ward. The father of a child, and, in some States, after his death its mother, is its guardian by nature. Their control over the estate of the child is usually regulated by statutes.

Read 1 Bl. Comm., p. 461.

2 Kent Comm., Lect. xxx, p. 220.
Reeve Dom. Rel., pp. 315, 320.

Schouler Dom. Rel., pp. 390-392, 406.

§ 199. Of Guardians by Appointment.

Guardians by appointment are such as are appointed, by some competent authority, to take charge of the person or

estate of a minor child. In some States, a father may, by his will, appoint such a guardian for his children, who is then called a testamentary guardian. Courts of probate and courts of equity also have the power to appoint guardians; and every court, before which civil or criminal proceedings against an infant, who has no parent or guardian, may be pending, is bound to appoint a guardian ad litem over him, to counsel and protect him in matters pertaining to the suit. All guardians by appointment are under the control of the court, by which they were appointed, or which has jurisdiction over the estates of their wards, and may at any time be called to account by such court, or removed by it for cause. Read 1 Bl. Comm., pp. 462 note 8, 463.

2 Kent Comm., Lect. xxx, pp. 224-229.

1 Pars. Cont., B. i, Ch. ix, Sec. 1.

Reeve Dom. Rel., pp. 315-318, 321.

Schouler Dom. Rel., pp. 392-403, 405, 406-434.
Walker Am. Law, §§ 110, 111.

§ 200. Of the Reciprocal Rights and Duties of Guardians and Wards.

The reciprocal rights of guardian and ward depend upon the nature of the guardianship. A guardian of the person has a right to the obedience of the ward but not to its services, and owes it the duty of protection but not of support. A guardian of the estate is bound to support and educate the ward, out of the estate, in a manner suited to its station in life, but is not bound to protect it, or entitled to its obedience or services. His general duty is to manage the property of the ward with reasonable care and skill, and to account for and restore such property to the ward, when his guardianship has ceased.

Read 1 Bl. Comm., pp. 462, 463.

Reeve Dom. Rel., p. 324.

Schouler Dom. Rel., pp. 435, 448–460.

§ 201. Of the Management of the Ward's Estate by the

Guardian.

The management of the ward's estate, though left largely to the discretion of the guardian, is in some respects strictly regulated by law. A guardian has power to lease the real property of the ward, and receive the rents and profits thereof, but no power to sell it, unless directed so to do by an order of court. He may sell the personal property without an order of court. He is not permitted to reap any benefit to himself from the ward's estate, other than is allowed him by the court as a remuneration for his services. If he makes an advantageous speculation with the ward's money, or settles a debt due from the estate on beneficial terms, the advantage accrues to the ward. If he suffers any waste or damage to the real property, or is guilty of negligence in regard to the personal property, he must make good the loss resulting therefrom. If he mingles the ward's money with his own, or lets it lie idle without cause, or purchases land therewith, he will be liable to pay over the same to the ward with interest, when his guardianship determines.

Read 2 Kent Comm., Lect. xxx, pp. 228-231.

1 Pars. Cont., B. i, Ch. ix, Sec. 2.

Reeve Dom. Rel., pp. 325, 326, 334–337.
Schouler Dom. Rel., pp. 461–517. ·
Walker Am. Law, § 113.

§ 202. Of the Cessation of the Relation of Guardian and Ward.

The relation of guardian and ward ceases on the arrival of the ward at the age of twenty-one years. The guardianship of a female ward ceases, as to both her person and estate, when she marries an adult, and as to her person when

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