This power has been exercised by the Court of Chancery in England,* and no objection can bo urged to the exercise of the power by our Courts of Equity. Much good may result to infants by a proper' exercise of it, and no injury can result to the Clerk and Master. — Let the appointment be made. *
Muir's executors v. Stuart's representatives, 5 N.C. 440, 1 Mur. 440 (1810)
July 1810
·
Supreme Court of North Carolina
5 N.C. 440, 1 Mur. 440
William Muir’s executors v. John Stuart’s representatives.
1 > From Halifax. J
IN EQUITY.
A. Court of Equity lias the power to appoint the Clerk and Master of the Court, guardian to infant Defendants, to appear and answer for them; and can exercise this power without the consent of the Clerk and Master.
The death of Thomas Stuart, who had been appointed guardian to the Defendants in this case, being suggested, a motion was made by Complainant’s counsel, that the Clerk and Master of the Court be appointed guardian to the infants, to appear and answer for them. The Master refused to accept the appointment, and it was submitted to this Court to decide, Whether the Court could make such appointment without the consent of the Master ?