After the death of the father, the mother shall have the guardianship
of the minor children, if she should wish it, provided she remains
a widow; and she shall make an inventory of the property to which
the children are entitled, by means of which their rights to their
inheritance may be established. But if the mother should marry again,
any one of the sons who has attained his majority, that is, who has
reached the age of twenty years, may assume the guardianship of his
younger brothers; and shall see that their property is not alienated,
or dissipated through neglect, by themselves, or by any one else.
But, in case he himself should use it up, or sell it, or give it
away, or permit it to be lost through his own negligence: as soon as
his brothers shall have become of age, he shall be compelled to make
restitution out of his own share, of whatever was wasted by him. He
shall, however, be allowed the tenth part of the income for the purpose
of living, to the end that he may not burden with extravagant expenses
what should be reserved for the minor heirs. Where he spends his own
money, or uses his own property for the necessaries and business of
all, and this fact is brought to the attention of the judge, he shall
be reimbursed for his expenditures out of the entire estate left by
his father. If any of the brothers should not be of lawful age, or of
proper character to undertake the guardianship of orphans, a paternal
uncle of a cousin may assume this duty; and if neither the paternal
uncle nor his son should be found worthy, then a guardian shall be
selected by the other relatives in the presence of the judge.
Where neither the mother, nor any one else, assumes the guardianship,
an inventory of all the property which the father left shall be drawn
up and signed by her and by witnesses, from the number of three to
five, and shall be placed in the keeping of any bishop or priest whom
the relatives may select, to be delivered to the children when they
have attained their majority.
Public-domain text, read in full here on John Shaqi.
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