be treated to such extent, if any, and in such manner as may be provided by
that order as having been paid on account of the maintenance provided for by
that order.
(3) Subject to subsection (2), section 40 shall apply in relation to an
order under this section as it applies in relation to an order providing for
maintenance.
(4) Where the deceased’s personal representative pays any sum
directed by an order under this section to be paid out of the deceased’s net
estate, he or she shall not be under any liability by reason of that estate not
being sufficient to make the payment, unless, at the time of making the
payment, he or she has reasonable cause to believe that the estate is not
sufficient.
43.
Testamentary guardian.
A father, whatever his age may be, may by will appoint a guardian or
guardians for his child during minority.
44.
Statutory guardians.
(1) On the death of a father of an infant where no guardian has been
appointed by the will of the father of the infant or if the guardian appointed
by the will of the father is dead or refuses to act, the following persons shall,
in the following order of priority, be the guardian or guardians of the infant
child of the deceased—
(a) the father or mother of the deceased;
(b) if the father and mother of the deceased are dead, the brothers
and sisters of the deceased;
(c) if the brothers and sisters of the deceased are dead, the brothers
and sisters of the deceased’s father;
(d) if the brothers and sisters of the deceased’s father are dead, the
mother’s brothers; or
(e) if there are no mother’s brothers, the mother’s father.
(2) If there is no person willing or entitled to be a guardian under
subsection (1)(a) to (e), the court may, on the application of any person
interested in the welfare of the infant, appoint a guardian.
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