
    *Ex parte, John Vincent Martin and Caroline E. Martin.
    Guardian intending to remove from the State with her wards, the Court required her before entering on the appointment to give bond .for the return of one of them at a suitable age to receive his education in this State, and of both, when required by the Court. [*71]
    Columbia, April, 1834.
    This was a petition on the part of minor children, praying the appointment of Mrs. Sally Maria Martin, their step-mother, as their guardian.
    De Saussure, Chancellor. Mr. Blanding appeared for the petitioners, and Mr. Gregg for their paternal relations, when the petition was read, and the minors being present, were examined by me, and declared their anxious desire that their step-mother, Sally Maria Martin, should be appointed the guardian of their persons; that they were extremely unwilling to be separated from her, and that they had deliberately chosen her for their guardian, after due consultation with their relations. Under these circumstances, I am constrained to make the appointment, and I do it the more readily from the fact that I am personally well acquainted with Mrs. Martin, and know, that for judgment and attachment to these children, she is entitled to the entire confidence of the Court, as she possessed that of her husband. But on the part of the relations of the minors, it is objected that it is the intention of Mrs. Martin to remove to the State of Maryland with the said John Yincent Martin ; that they are unwilling that he should be removed from the State and receive his education abroad.
    After hearing the objection thus raised, and duly considering the same, I am of opinion that it ought not to prevail. The minor is now only fourteen years of age, and his education, preparatory to his collegiate course, can safely be confided to his step-mother. But as it is the wish of his relations who reside in this State, where his property is situated, that he should receive his collegiate education here, I think their views in this respect ought tp prevail.
    It is therefore ordered that the said Sally Maria Martin be appointed guardian of the persons of the petitioners, John Yincent Martin and Caroline E. Martin; and that the said John Yincent Martin be returned to this State, in case he should be removed from it, as soon as he arrives at the age of seventeen, or sooner, if he should be sooner prepared to enter college; and that he, or his delations, be then at liberty to r^h-o move this Court for further directions respecting his education. L
    And it is further ordered, that it be referred to the Commissioner of the Court of Equity for Richland district, to report what will be a proper annual allowance to be placed in the hands of the said guardian, for the support and education of each of the said wards ; and that before making up such report, Edmund Martin, the administrator of the estate of their father, be notified of this order, and of the time and place of making the said inquiry.
    On appeal, the following is the judgment of the Court:
   O’Neall, J.

This Court is satisfied with the reasons assigned by the Chancellor, for his appointment of Mrs. Martin as the guardian of the petitioners.

It is therefore ordered and decreed, that his order making the appointment, be affirmed generally;. and that the following addition thereto be made *&nd observed, to wit.: that before entering on the duties of the said appointment, Mrs. Martin do, before and to the Commissioner of the said Court, enter into sufficient and satisfactory security for the discharge of her duty as guardian ; and also to return to this State, the ward, John Yincent, according to Chancellor De Saussure’s order; and both of her wards, whenever the Court of Equity for Richland district may require it to be done.

Harper and Johnson, Js., concurred.  