Rights of surviving parent as to guardianship

On the death of one parent of a child, the surviving parent, if any, shall, subject to this Act, be guardian of the Provided that if the parents were separated, and the deceased parent had custody of the child, the surviving parent may be guardian of the child either alone or jointly with any guardian appointed by the deceased parent, and (a) where no guardian has been appointed by the deceased parent; or (b) in the event of the death or refusal to act of the guardian or guardians appointed by the deceased parent, the court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent.