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.