case spencer against earl chesterfield June on application of infant and by  consent of his relation and guardian other person appoint to have the care of  he till further order see dam Costa villan weal v Mellish west S c atk lib Reg  b foe a at Lincoln inn hall petition be present to Lord chancellor by  defendant the testamentary guardian of Spencer set forth that he be go abroad  on his travel and will not be under their inspection and therefore desire they  may be discharge of the trust and new guardian may be appoint Lord chancellor  with some warmth refuse it as be never do at the application of the guardian  themselves and if they will not continue to act in the trust as they have  accept it this court will compel they but at the importunity of counsel it be  order to come on again this afternoon and notice be direct to be give to lady  Cowper the mother of the infant ambler er p and afterward a petition be  present on behalf of the infant set forth that the trustee decline act and  desire earl Granville and the duke of Marlborough ambler may be appoint in  their stead and also lady Cowper consent by counsel and thereupon Lord  chancellor Hardwicke declare it reasonable in this case though in general he  will not comply with such petition nor shall this case be draw into precedent  but as all party concern do consent and the court must take care of the infant  even though it do punish the guardian for not do so he make the follow  particular order videlicet that on the petition of the infant who be in the  that year of his age by the approbation and consent of his mother lady Cowper  and by the consent of all the defendant the guardian and by the approbation  and consent of the duke of Marlborough the infant uncle on his father side and  of the earl of Granville grandfather on his mother side order that the care  and direction of the person and education of the infant be commit to the duke  of Marlborough and earl Granville and let they take the proper care and  management of the infant person and education till further order of the court  and let the increase allowance for maintenance and education be pay to the  duke of Marlborough and earl Granville during such time asthey shall continue  to have the care of the infant