Appleby by his guardian against Appleby and Jackson prerogative court byday  after Trinity term June rd a administration cum testament fastening decree to  a grandmother during the minority of a executor she be also testamentary  trustee dr Paul for the minor John Hervey decease by his will date that  December devise his land to his nephew Thomas Appleby give he most of his  personal estate and constitute he executor and residuary legatee and appoint  Elizabeth Appleby the minor grandmother and Richard king his guardian and  testamentary trustee Hervey have not power to appoint a guardian to the minor  be be above eight year old and have choose his mother Hannah Appleby to be his  guardian and she pray administration cum testament to be grant to her during  the minority the grandmother Elizabeth Appleby pray it may be grant to her as  testamentary guardian she be great indebt to the estate at commonlaw there be  four sort of guardian saint in chivalry idle by nurture which be parent rdly  in socage thly guardian for lee nurture which the ordinary may appoint by stat  car c see a father have power to appoint guardian to his minor child levinz  Clench v Cudmore b the only point decide in this case be that copyholder be  not within the provision of car c S consequent that copyholder be not within  the provision of car c S consequent that it be not competent to they to  dispose of the custody of their infant but that the custody be in the lord or  other accord to the custom of the manor b in case of Villareal in chancery the  court decree the guardianship of her child to mrs Villareal and take they from  Mr dam Costa their grandfather dr hay for Elizabeth Appleby and January  administration cum testament be decree to the testamentary guardian and may  the minor choose his mother lee er p guardian the question be whether decease  have not a power to appoint a trustee for the manage the estate he have give  to the minor affidavit read for Hannah Appleby Richard William Elizabeth  Appleby be indebt to decease personal estate in by mortgage and by note in dr  Paul for the minor No instance of a limit administration chancery precedent  parent be guardian of their child by nature Carlisle and well the guardian  appoint by this court can be only with respect to the personal estate dr  pinfold same side stat car have be always take strict and therefore a mother  lee can appoint a guardian to her child shower report court can revoke a  probate or refuse one to a executor judgement sir george lee I decree  administration cum testament during the minority of the executor to Elizabeth  Appleby the grandmother not as guardian to the minor but as testamentary  trustee name in the will