JB/068/273/001

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1827 June 5
Penal or Civil Code Ch. X. Offences affecty Trust
Trust created by Domestic Condition

Thus far all is simple. The relation borne by the
Mother to her husband the father of her child on the one
hand and such his child on the other is involved in considerable
complexity, of which correspondent perplexity is among
the results.

Trust and Guardianship out of the question, While all three are alive and the child male
or female under full age and unmarried – (whatsoever may be deemed full age)
they are both with reference relation to each other follow the Husband
Father servants, with reference to each other, fellow Servants.
Add now the trust, they are both of them with reference
to the Husband Father wards with reference to one another
fellow wards.

But now suppose the Husband Father to die leaving
the Mo Wife Mother in the state of Widowhood and the child
under age in a stage of Orphanage. Here are two superior relationships
interests to be provided for that of the Mother and that of the her child: two relationships of the superior order
to be disposed of – that of Mothership and that of Guardianship
In what matter shall they be disposed of.

and For the purpose of an answer set aside in the
first place the comparatively modern institution right of disposal
by last-will.

For both these relative situations the Widowed Mother
presents herself to view as a candidate with to whom no competitor
can be composed.

As to Mistressship, as to whatsoever power may be given to
her to be exercised for her own benefit it the any gift made of it
is not the gift of a fresh power, it is nothing more than
a continuance given to a power she is already in a great degree
be subject only to the eventual and occasional controul of her late
husband in the habit of exercising: to give it her is but in other
words to forbear taking it away from her.

Then again as to Guardianship. In respect of
the probability of a due exercise of this trust – casual individual idiosyncrasy
out of the question – what other human being can for by any person for so much as a moment
be placed even in imagination be placed in with that one?
On

Identifier: | JB/068/273/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-05	Marginal Summary Numbering	14-17
Box	068	Main Headings	civil code; penal code
Folio number	273	Info in main headings field	penal or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d6 / e3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22468
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