2. It is frequently important in cases of devises and bequests, to ascertain whether the testator did or did not stand towards the devisee or legatee, in loco parentis. In general, those who assume the parental character may be considered as standing in that relation but this character must clearly appear.

3. The fact of his so standing may be shown by positive proof, or the express declarations of the testator in his will, or by circumstances; as, when a grandfather; 2 Atk. 518; a brother; 1 B. & Beat. 298; or an uncle; 2 A. 492; takes an orphan child under his care, or supports him, he assumes the office of a parent. The law places a master in loco parentis in relation to bis apprentice. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.