at commonlaw the father can not appoint a guardian whether tenant in chivalry  or in socage east Geo earl of Shaftsbury and Shaftsbury pale yellow Eq Rep if  two person be appoint guardian by virtue of the stat of Ph m and one of they  die it will not survive it be a naked authority to a special purpose videlicet  to make the ravisher criminal but a testamentary guardian under the stat of  car c sect have not a naked authority but be make after the manner of a  guardian in socage have a interest which though it be neither assignable nor  transferable be yet such a interest as shall survive ibidem and be it a  authority only it must be construe joint and several else the more guardian be  appoint for the security of a infant the less secure he will be because upon  the death of any one of they the guardianship will be at a end ibidem a devise  the guardianship of the person and estate of his infant child to b and two  other since decease without say and to the survivor of they yet the survivor  shall have it hill Mr justice Eyre and countess of Shaftsbury will Rep the  father by the stat car c have a right to dispose of the guardianship of his  child until twentyone and have do so in the present case it will be bind  unless some misbehaviour be show in the guardian in which case it be a matter  of trust the court have a superintendency over it per Lord Chan Macclesfield  ibidem and his lordship say that as to the objection that this right of  guardianship do not survive because it be not say in the will in express term  that it shall go to the survivor there seem to he to be no colour for it  because where several guardian be appoint by a will each of they seem to be a  complete guardian like the case where there be two or three churchwarden of a  parish each of they be a distinct churchwarden and it will be mischievous and  of very ill effect if where there be several guardian appoint by a will and  some refuse to act that the rest shall not be able to do any thing and yet  this must be the consequence if a guardianship devise to several shall be take  to be but one joint naked authority such construction will make the Act of  little force ibidem a guardian have a authority couple with a interest and may  bring a Writ of ravishment of ware on the infant be take from he and though it  be true that the damage recover shall by the statute go towards the benefit of  the ware yet the declaration must lie it ad damnum of the guardian per Lord  chancellor ibidem a guardianship be not assignable neither will it go to the  executor or administrator but for all that it be couple a with interest and be  not a naked authority and where a authority be couple with a interest it do  survive Inst per Lord commissioner Jekyll ibidem a that a guardianship be  couple with a interest be most apparent in that a guardian may bring a action  and avow in his own name may make roll Abr pl lease during the minority of the  infant and make and grant copyhold ibidem even in reversion as dominus pro  tempore per Lord commissioner Jekyll ibidem