PART IV ESTATES OF MINORS AND A BSENT PERSONS 69 Appointment by father or mother only of tutors to minors (1) No person, except the father of any minor or the mother of any minor whose father is dead or has abandoned the minor, by any will or other deed shall nominate and appoint any tutor to administer and manage the estate or to take care of the person of such minor. (2) Nothing in subsection (1) contained shall prevent any person who gives or bequeaths any property to any person from appointing any curator to administer and manage such property during the minority or during the continuance of the insanity of the person to whom the same is given or bequeathed, in like manner and as fully in all respects as the same might lawfully have been done prior to the 5th July, 1907. (3) All curators so appointed shall be called curators nominate. 70 Tutors testamentary (1) All tutors nominated and appointed by fathers or mothers in manner aforesaid to their minor children shall be called tutors testamentary, whether such tutors have been nominated and appointed by wills or by any other deeds duly executed by such fathers or mothers. (2) No tutor testamentary shall assume or enter upon the administration or management of the estate or property of any minor, except in so far as it may be necessary for the preservation and safe custody of the same, until letters of confirmation have been granted to him by the Master in the form C in the Second Schedule. 71 Mode of granting letters of confirmation (1) The Master shall, on application in writing being made to him for that purpose, grant letters of confirmation as tutor testamentary to every person who has been lawfully nominated and appointed tutor testamentary to any minor by any valid will or deed. (2) Whenever it comes to the knowledge of the Master that any person who has been nominated tutor testamentary by any valid will or deed to any minor possessed of property has not applied for letters of confirmation, the Master shall, by writing, require such person to inform him whether he is willing to act as such tutor testamentary and if he consents so to do shall grant him letters of confirmation accordingly. (3) No letters of confirmation as tutor testamentary shall in any case be granted to any person who is at the time by law incapacitated or disqualified to hold the office of tutor. (4) Letters of confirmation shall not be granted to any such tutor who is at the time of making such application or resides outside Zimbabwe. 72 Letters of confirmation to curators nominate (1) No curator nominate shall assume or enter upon the administration or management of any estate or property, except in so far as may be necessary for the preservation and safe custody of the same, until letters of confirmation have been granted to him by the Master. (2) In order to obtain the grant of such letters of confirmation proceedings shall be taken by any such person, and by the Master in like manner in all respects, as is provided by section seventy-one as to the granting of letters of confirmation to tutors testamentary, and such letters shall be in the form D in the Second Schedule. 73 Security rem pupilli salvam fore, by curators and tutors nominate in like manner as before this Act The High Court, or any judge thereof, on the application of the Master or of any relation or of any person having an interest in the due administration of the estate or property of any minor in every case in which, prior to the 5th July, 1907, any tutor testamentary might by law have been required to give security rem pupilli salvam fore, may make an order that letters of confirmation shall not be granted to any tutor testamentary or curator nominate as aforesaid until he has found security to the satisfaction of the Master to such amount as, in the circumstances of each particular case, is reasonable for the due and faithful administration and management of such estate or property. 74 Appointment of tutors dative by Master (1) In every case in which it comes to the knowledge of the Master that any estate or property within Zimbabwe has devolved on or come to belong to any minor, being within its limits, and not being at the time under the natural guardianship of his father or mother or of a tutor testamentary duly confirmed, the Master, except when it is known to him that a tutor testamentary has been duly nominated and appointed to such minor by any valid will or deed, in which case he shall proceed in manner for that purpose provided by section seventy-one, shall cause to be published in the Gazette and in such other manner as to him seems fit, a notice calling on the relations of the minor, both paternal and maternal, to attend at his office, at the time therein specified, to see letters of confirmation granted to some person to be appointed by him tutor dative of such minor: Provided that when it appears to the Master expedient so to do, he may in such notice call on the relatives of such minor, both paternal and maternal, to attend before any magistrate, at such time and place as he may appoint,