Barnardiston Edward and wise August where a court of chancery have a right to  dispose of a guardianship who a court of chancery will appoint to be guardian  sir Francis Edward make his will and thereby recommend his lady to take care  of Hester his only daughter but do not appoint her testamentary guardian on  the death of sir Francis Hester become entitle to a estatetail in land of the  value of pound per Ann with a remainder to lady Edward in fee after the death  of sir Francis lady Edward intermarry with Thomas wise a Irish gentleman of  pound per annum in that kingdom soon after his marriage he carry over his lady  with he with a intention to reside there and Hester go with they likewise  Hester be at that time about twelve year of age wise be a papist but his lady  and daughter be protestant this occasion a bill to be bring in the name of the  infant against wise and his lady pray that the infant may be remove from the  custody of her mother and that she may be place under the custody of her  grandmother jane who have intermarry with Jenks to this bill wise set forth by  his answer that Jenks the husband be a person in debt and that he have a  design of marry the infant to a son of sir Henry Edward a petition be now  prefer pray that the infant may be remove from the custody of her mother and  that her guardianship may be commit to jane Jenks her grandmother Lord  chancellor say he be clear of opinion that the infant ought not to continue  under the custody of her mother the mother have not such a right to the  guardianship in the present case but that this court may certain control it  she be not testamentary guardian her only pretence for the custody of the  infant can be either Barnardiston as guardian in socage or as guardian by  nature but she can be entitle to the custody in the present case as guardian  in socage it not appear that the infant have any land in socage descend to her  nor can she be entitle as guardian by nature for which reason the guardianship  in the present case be certain such a one as this court may dispose of and the  question be how this court ought to dispose of it now his lordship opinion be  that the mother ought not to be allow it by reason that she have marry a  papist in the case of one Barritt lady tenam who be his mother insist upon  have the guardianship of he she be a papist but have marry a protestant the  court be of opinion that lady tenam be not a proper person to have the  guardianship of her son and appoint certain person to be guardian of he who be  recommend by his grandfather who be a protestant from that order a appeal be  have to the house of lord the that of April and on the appeal the house of  lord be of opinion that lady tenam be not a proper person to have the  guardianship yet there she be not a papist convict and by that mean disable of  the guardianship however the other part of the order be reverse and the  grandfather himself appoint the guardian for these reason his lordship say  that the mother of the infant in the present case must by no mean have the  custody of her and Barnardiston er p the proper direction will be to refer it  to a master to consider who will be a proper person to have the guardianship  of her the grandmother may be at liberty to propose herself before the master  and so his lordship be please to order accord