of the person to the exclusion of guardians dative.[1] After the death of both parents the guardians, whether testamentary or dative, exercise personal control and also administer the property conjointly.[2]
In South Africa the appointment of tutors dative is vested in the Master of the Supreme Court, subject to review by the Court.[3] The same official confirms testamentary tutors,[4] and supplies casual vacancies in case of death, incapacity, or removal.[5]
(d) Curators nominate. A testamentary tutor, as we have seen, is appointed by parents only. But it is permitted to any person whomsoever who gives or bequeaths property to a minor or insane person to direct at the same time that some specified person shall administer it.[6] A person so appointed is termed a curator nominate,[7] and if a curator nominate is expressly empowered to appoint another to act as co-guardian, (e) Curators assumed.such other becomes (after confirmation) a curator assumed.[8]
- ↑ (Cape) Van Rooyen v. Werner, ubi sup.; (Natal) In re Dolphin's Intestacy (1894) 15 N. L. R. 343. She does not lose her right to the custody of the children upon remarriage except in special circumstances. Voet, 27. 2. 1.
- ↑ V. d. K. ubi sup.
- ↑ Administration of Estates Act, 1913, secs. 76 and 107. In Brit. Gui. tutors dative are appointed by the Supreme Court, which may require security and impose conditions [G.].
- ↑ Administration of Estates Act, 1913, sec. 73.
- ↑ Ibid., sec. 78. By the Civil Law the mother, and by the R.-D. L. the surviving parent, was required within a short time of the death of the predeceasing spouse to notify the Court or the Orphan Chamber, and to apply for the appointment of guardians. Gr. 1. 7. 13; Cens. For. 1. 1. 16. 9. In the Civil Law the mother who failed to do so lost all right of succession to the minor children. Cod. 6. 58. 10. This penalty was disused in the R.-D. L. Groen. de leg. abr. ad Cod. ubi sup.; Voet, 26. 6. 4 (ad fin.); V. d. K. Th. 123; but the local statutes usually imposed a small pecuniary penalty. The same duty attached in the R.-D. L. in respect of an inheritance coming to a minor child during the lifetime of both parents. Gr. 1. 6. 1; V. d. K. Th. 103. Supra, p. 34.
- ↑ Voet, 26. 2. 5; V. d. K. Th. 118; V. d. L. 1. 5. 2.
- ↑ Administration of Estates Act, 1913, sec. 71.
- ↑ Ibid., sec. 77: (1) Nothing in this Chapter contained shall prevent any tutor testamentary of any minor or curator nominate of any estate from assuming any other person as tutor of that minor or curator of that estate (as the case may be), by virtue of any power for that purpose committed to him by the will of, or any other deed duly executed by, the person by whom the tutor testamentary or
