1. We cannot agree with the District Judge that there is anything in Act VIII of 1890 to prevent the court from making a declaration that a person appointed by Will is the guardian of a minor. The terms of Section 7 are general enough to include such guardians and the proviso to Section 39 seems expressly to contemplate declarations with respect to guardians appointed by Will or other instrument.
2. Clauses (2) and (3) of Section 7 only take away the power of the court to appoint another person as guardian as long as the powers of a guardian appointed by a Will or other instrument have not been lawfully determined.
3. The order must be set (sic) and the case remitted to the District Court for disposal on (sic) merits.
4. Costs of this appeal to aside and follow the result.