Gaines v. Spann

MARSHALL, Circuit Justice.

This claim depends on two questions: 1. Were John and Samuel Garlick testamentary guardians ¡ of the children of Camm Garlick? 2. Were they bound, as executors, to collect the debt due from .Pollard?

1. Were they the testamentary guardians of the infant children of Camm Garlick? His will, made in Virginia, empowers and directs his wife “to clothe, maintain, and educate his children, in the best manner that his estate, given- to her, will admit” and desires her to consult his executors therein-after named as to the mode of their education. It is admitted that a…