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GUARDIANSHIP   47

had left no directions on the subject the court would direct that the infant should be brought up in the father's religion. But the father's right, even where he had given express directions on the subject, might be deemed to have been waived or surrendered under certain circumstances, for instance, where the mother had been allowed to bring up the infant in her own religion for a long period without interference, or where the welfare of the infant, which is the primary consideration of the court, rendered it desirable. An ante-nuptial agreement as to the religious training of the children would be taken into consideration by the court after the death of the father as an indication that he had abandoned his right. The action of the court depended to some extent upon the religious impressions which the infant had formed and the inadvisability of the child being diverted to another faith. Even where the parent was not granted the custody of the infant the court would insist upon its being brought up in the religion in which the parent had a legal right to require the child to be brought up.

4 L.O.


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