The office and power of a tutor. Tutorship by nature. After the dissolution of marriage by the death of either husband or wife, the tutorship of minor children belongs of right to the surviving mother or father. This is what is called “tutorship by nature.” Civ. Code La. art 250. Tutorship by will. The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. This is called “tutorship by will,” because generally it is given by testament; but it may likewise be given by any declaration by the surviving father or mother, executed before a notary and two witnesses.
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