Ex parte Bell

The Chancellor:

— The petitioner’s wife died on the 6th of July, 1873, having made a will, since duly proved and recorded, by which she devised her property to her children, and appointed the petitioner executor and testamentary guardian of the children, expressly authorizing him “ to exercise all the duties of both without giving security.” The petitioner asks that he be allowed, under this appointment, to receive the proceeds of some of the lands thus devised, sold by the orders of this court.

The power to appoint a testamentary guardian did not exist at common law. 2 Kent. 225. It was given…