Africa guardianship is voluntary.
to deal with the estate of the minors in his charge, retaining it under his own control as administrator, or placing it in the hands of the proper authority, according to the requirements of the local law.[1] A surviving parent may not under any circumstances proceed to a second marriage, without first assigning to the minor children of the first marriage their proper shares in the joint estate[2], or at all events giving security for their future payment. In South Africa this security takes the form of a notarial general mortgage-bond passed by the surviving spouse. It is known as a deed of Kinderbewys.[3]
(4) to maintain and educate the minors; 4. Maintenance and education. All preliminaries being properly settled, it is next the duty of the guardian to provide for the maintenance and education[4] of the ward according to the directions of the father, if he has left any, and, failing such, to see that the child is educated by the mother or other near relations.[5]
The guardian must take care that his expenditure in- ↑ V. d. K. Th. 143 and 153. By Cape Ord. 105 of 1833, secs. 25 ft., tutors dative, curators dative, and curators bonis must pay their wards' moneys to the Master of the Supreme Court, except in so far as it may be required for the immediate payment of debts, or for the maintenance of their wards. 1 Maasdorp, p. 255. This clause is re-enacted by the Administration of Estates Act, 1913, sec. 88, which extends the above provision to a tutor testamentary and curator nominate ‘subject to the terms of the will or deed by which he was appointed’. Securities must be deposited. Gr. 1. 9. 9.
- ↑ Gr. 1. 9. 6; Voet, 23. 2. 100; V. d. K. Th. 142; V. d. L. 1. 5. 4; Regtsg. Obs., pt. 1, no. 15; Boey, Woordentolk, sub voce Vertigting; Ontwerp, sec. 411; Cape Act 12 of 1856, secs. 1 and 2, re-enacted by the Administration of Estates Act, 1913, sec. 56, which, however, does not require such payment or security, if the estate is of less value than one hundred pounds.
- ↑ 1 Maasdorp, p. 19; 2 Maasdorp, p. 247; and see the judgment of Hopley J. in Maxwell & Earp v. Dreyer's Estate (1908) 25 S. C. 723. In Brit. Gui. the instrument in use was called an Act of Verweezing. By the Married Persons Property Ordinance (No. 12 of 1904), sec. 26, no Act of Verweezing shall be necessary before or upon the marriage of any widower or widow.
- ↑ Gr. 1. 9. 9; Voet, 26. 7. 1 and 6. Generally speaking a surviving mother is entitled to the custody (V. d. K. Th. 141), notwithstanding a remarriage (Voet, 27. 2. 1). A surviving parent must provide for the children, males until their eighteenth, females until their fifteenth year, out of the proceeds of the minor's estate. Gr. ubi sup. Van der Keessel, however (Th. 152), says until full age.
- ↑ Gr. ubi sup.; Voet, 27. 2. 1.
