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44   LAWS OF ONTARIO

after the death of herself and the father, if the infant was then unmarried, and where guardians were appointed by both parents they were to act jointly. The mother of an infant might by deed or will provisionally nominate some fit person or persons to act as guardian or guardians of the infant after her death, jointly with the father of the infant and the court, after her death, if it should be shown that the father was for any reason unfitted to be the sole guardian of his children, might confirm the provisional appointment by the mother. Where a disagreement arose between the guardians of an infant upon any question affecting the welfare of the infant, any of the guardians or the father might apply to the court for its direction and the court might make such order as should be deemed just.

These provisions have, however, been superseded to some extent by an amendment of 1923, which provides that the surrogate court may appoint the father or mother of an infant or may, with the consent of the father and the mother or of the surviving parents appoint some other suitable person to be guardian


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