minors are not capable of acting for themselves, it is that contracts made by them are not binding if they refuse to abide by them; and if a minor deed away his estate, or do any other act to the injury of his property, he may avoid and rescind such acts when he attains full age. The object of this law is to protect infants from the results of their indiscretion-it is to be regarded as a shield for their protection-but as has been well observed, ought not to be used by them as a sword, in a defence against a just and honest contract. Minors may, however, bind themselves by contracts for the necessaries of life, such as food, medical aid, necessary clothing and apparel, and for profitable instruction. We have seen that minors above a certain age, are capable of contracting marriage; and such marriage more or less affects the rights of the guardian; as where a female ward marries, the guardianship as to her person is at an end -but it seems that as to her property the guardianship is not determined-but may be by the special order of the court of chancery. The marriage of a male ward does not affect the relation between his guardian and him. QUESTIONS ON THE PRECEDING. What is the relation of guardian and ward? How many species of guardian at common law? Who is guardian by natur ? How are testamentary guardians created? How extensive is this guardianship, and its powers? What power has the chancellor over fatherless children? How long do guardians, appointed by the chancellor, continue? What security do these guardians give? What power have these guardians? Can the surrogate appoint guardians? At what age can a minor choose a guardian? How are guardians appointed for children under fourteen years of age? How long does the chosen guardian continue? How long does the guardian appointed continue? What security is required of these guardians? Who retains the guardian's bond-and when may he be prosecuted ? By what power, and for what cause, may guardians be removed? What takes place upon such removal? Who is a guardian ad litem? What are the powers and liabilities of this guardian ? How is he appointed, and what are his liabilities? Can you enumerate the duties of general guardians? Can guardians be compelled to account; if so, when? What charges are they allowed to make ? Who are minors—and can they bind themselves by contract? By what contracts are minors bound? Suppose a female ward marries ? Suppose a male ward marries? OF WILLS. A will is the solemn declaration of the person making it, of what he desires should be performed in regard to his af fairs and property after his death, and in order to its legal validity, he must not only be competent in law to make it, but in doing so must conform to the rules prescribed by the statute. The person thus leaving a will, is called a testator, and a person dying without one is called an intestate. A legatee is one to whom personal property or money is bequeathed or given by a will. A devisee is one to whom lands or real estate, is devised or given by will. Who can make a will. Every person may make a will, who does not labor under some legal prohibition or disabili ty; as those wanting sufficient discretion, or who do not possess freedom of will. Idiots, persons of unsound mind, and married women, are incapable of making a will; and infants, or persons under the age of twenty-one years, cannot devise real property— but males of the age of eighteen years, and unmarried females of the age of sixteen years or upwards, if of sound mind and memory, can dispose of their personal estate by will. Mode of execution. Soldiers in actual service, and mar. iners while at sea, may make nuncupative or unwritten wills, bequeathing personal estate; but all other wills, must be in writing, and signed and executed in the manner prescribed by statute, viz: The testator must subscribe his name at the end of the will, and this in the presence of at least two attesting witnesses, or he must acknowledge the subscription of his name to each of the witnesses. When the testator so subscribes or acknowledges his will, he must declare it to be his last will and testament, to the witnesses, and request them to witness it. Each witness must sign his name as such at the end of the will, in pursuance of the testator's request; this being done, the will is valid so far as regards the manner of execution. The witnesses, however, are required to do more: 1. To write opposite their names their respective places of residence-and 2. The person who signs the testator's name to a will by his direction, must subscribe his own name as a witness to the will, and a person neglecting either of these provisions, forfeits $50, but the validity of the will is not impaired by this omission. A codicil is a written supplement or addition to the will of a testator, and is annexed to, and taken as, a part of it. It is designed for an explanation or alteration of the will, or to add to or subtract from it; it can be made only by persons capable, in law, of making a will, and must be executed in the same manner and with the like formalities. Of revocation. The will of an unmarried woman is revoked by her subsequent marriage, and there are other cases of implied revocation from the happening of certain events after the execution of the will. But in general, a will cannot be revoked or altered, except by some other will or writing, in which such revocation is declared, and which is executed with the same formalities as the first will; or unless the will be burnt, torn, cancelled, obliterated, or destroyed, by the testator himself, or by some one under his direction, for the express purpose of revoking and annulling it. When the will is burnt, or otherwise cancelled as above, by a person in behalf of the testator, the testator's consent and direction must be proved by at least two witnesses. In case a person dies without a will, or intestate, his estate descends to his heirs, who are those entitled by law, to the estate upon the death of the ancestor, and this estate is called an inheritance. QUESTIONS ON THE PRECEDING. What is a will? What is the person leaving a will, called? What is the person dying without one, called? Who is a legatee? Who is a devisee? What person is capable of making a will? At what age can persons dispose of personal property by will ? In what cases are unwritten wills valid? How are written wills executed? What are the witnesses required to do? What is a codicil? Who may make a codicil, and how is it executed? What revokes the will of an unmarried woman? How may wills in general be revoked, altered, and cancelled? Suppose a person destroys a will at the testator's request, how many witnesses are required? Who are heirs? What is their estate called? OF EXECUTORS AND ADMINISTRATORS. These are individuals appointed to settle the estates of deceased persons. Who may be executors, &c. No person can be an execu. tor or administrator, who is incapable in law of making a contract, or who is under the age of twenty-one years, or who has been convicted of an infamous crime, or who is an alien not residing in this state. All other persons may be executors and administrators. How appointed. Executors are nominated by the last will of the testator, and if competent, are afterwards appointed by the surrogate of the county, by letters testamentary. In cases where no executors are named in the will, or where the executors named refuse to act, or are incom. petent, the surrogate of the county appoints persons to settle the estate, and these are called administrators with the will annexed. Where a person dies without a will, the surrogate appoints administrators. In cases of wills affecting real estate only, the executors are appointed by the will, and no letters testamentary are necessary. Order of appointment. The persons entitled to administration upon the estates of deceased persons, have preference in the following order: first, the widow; second, the children; third, the father; fourth the brothers; fifth, the sisters; sixth, the grandchildren; seventh, any other next of kin who would be entitled to a share in the distribution of the estate; eighth, creditors; and if there be none of these, or they all refuse, then the county treasurer, and in the city of New York the public administrator, who is an officer appointed by law, for that purpose. In case of the death of a wife leaving property, the hus band is first entitled; and in all cases where there are several persons of the same degree and so equally entitled, then, first, males are preferred to females; second, relatives of the |