Guardianship in focage departed with tenure in focage. The court is not bound to appoint the next of kin, or the person *555chosen by a minor above fourteen years of age; but by virtue of the act of Assembly, may, and ought, to appoint that person who, in their discretion, they believe will best execute the duties of the appointment.
Wynne v. Always, 1 N.C. 554, 1 Cam. & Nor. 554 (1804)
Dec. 1804
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North Carolina Court of Conference
1 N.C. 554, 1 Cam. & Nor. 554
Elizabeth Wynne vs. Mishaw Always.
“Appeal to Newbern Superior Court, on a guardianship. The questions reserved for the opinion of this court were “Whether the choice “of a guardian made by a person between the “ages of fourteen and twenty-one years, is ab-“solute, so as to preclude the exercise of the “judgment of the county court, on any point “not relative to the security to be given.” If this question be determined in the negative, “Whether the court, who rejects the choice, is “not to give leave to the minor to nominate a “more proper person?" or, “Whether the “court may not appoint the person to them “most proper."
If the court are of opinion that the county court may appoint without regarding the choice of the infant, or offering him a second nomination, the judgment to be for the defendant, otherwise for the plaintiff.