Section 3 Testamentary guardian of a minor - Massachusetts Statutes

[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]

Section 3. A father or mother may by will appoint a guardian for a minor child, whether born at the time of making the will or afterward, to continue during minority or for a less time, effective when the guardian accepts appointment by filing his bond in acceptable form, except that if a guardian has already been appointed, whether testamentary or otherwise, a later testamentary appointment shall become effective only when approved by the court. A testamentary guardian appointed by will of a parent shall have the same powers and perform the same duties relative to the property of the ward, and, if the other parent is not living, relative to the person of the ward, as a guardian appointed under section two. If application is made to the probate court for approval of the appointment of a testamentary guardian after the appointment of a guardian, whether testamentary or otherwise, has become effective, notice of such application shall be given to such previous guardian, and thereafter the court may remove such previous guardian and approve the appointment in his place of the person applying for approval of appointment as testamentary guardian or it may appoint any other suitable person, or it may approve the appointment of the person making such application to serve as guardian with the guardian already in office.