a petition be prefer to Lord chancellor by the grandfather of a infant of the  age of seven year to have he take out of the custody of his mother the  defendant be a papist and to be deliver to b and c name by the petitioner that  he may be educate in the protestant religion it appear by affidavit that the  infant be entitle to pound per annum as tenant in tail in remainder after the  determination of the estate for life of his say grandfather it be insist for  the petitioner that it may be of very ill consequence that the education of  this child shall be leave with a papist who may instil the principle of that  religion into the infant that the infant father on his deathbed say that he  expect his father the petitioner will take care to educate this child in the  protestant religion and not leave the education of it to his wife but he be  now dead and the petitioner very old and unable to take the guardianship on he  he desire that b and c in who he repose a entire confidence and to who he  assign the guardianship may have the education of this infant and b appear in  court and consent to take upon himself equity case abridge this charge Lord  chancellor order that the infant shall be deliver to b and c who the  petitioner have appoint to be guardian but so as the mother may see he at any  time Trin Geo Reynolds and the lady tenham ms Rep Mod SC and decree per Lord  chancellor but this decree be reverse in the house of lord upon the appeal of  lady tenham and there resolve that these word of her husband on ms deathbed  videlicet that he expect his father the petitioner will take care to see his  child educate in the protestant religion be a good appointment to make the  grandfather guardian that the appointment of a guardian be a bare power and  trust and not assignable as it have be resolve in bedle and constable case  Vaugh Rep and about three year since in the duke of Beauford case who father  have appoint the duke of Ormond guardian but he be attaint of high treason and  so make incapable another guardian be appoint by Act of parliament it be not  to be do by any other power therefore the grandfather be order to take the  guardianship upon himself in person for that he can not assign his power to  another and this be agreeable to another decree make in the house of lord in  the case of foster and Denyson Chan Rep equity case abridge er p