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Archiver > Dutch-Colonies > 2003-08 > 1061417910


From: "RMH" <>
Subject: Re: [D-Col] inheritance customs and guardians
Date: Wed, 20 Aug 2003 18:18:30 -0400
References: <3F4384C2.769.196462E@localhost>


Thank you for your reply, Lorine. The date I need information for would be
the 1680s, but there may be info in Fernow that would be applicable.

Just discovered in Firth Fabend's "A Dutch Family" book the following:

"English law was in force by the early 1700s, but the Dutch were not
required to abide by English law in inheritance matters, for at the time of
the conquest, the English authorities had agreed in the Articles of
Capitulation to respect the traditional inheritance customs of the Dutch.
Thus, in disposing of his estate, the Dutch testator in early America had
four basic options. He could choose not to make a will at all, but let the
Dutch customs of intestate succession determine the distribution of his
possessions. Or he could follow seventeenth-century Dutch custom and
execute a 'mutual will' with his wife. In this case, he would be acting on
the accepted presumption that their property was owned in common, with his
wife entitled to half of the total on his death, their children to the other
half. A third option was made possible by the advent of the English common
law in New York, for English law did not recognize a married woman as having
a legal identity equal to her husband's - or a right to own personal
property or to make a will without her husband's permission. The Dutch
testator could opt to follow English law and choose any number of ways to
distribute his personal property and real estate as befitted the needs of
his various heirs (He could not, however, will less than one-third of his
real estate to his widow - her dower right.) Finally, he could recognize
his wife's former high status in Dutch law by willing all his property to
her - and, after death or in the case of her remarriage, equally among their
children. This last is the course followed in the first three decades of
the eighteenth century by the majority of New York testators of all ethnic
backgrounds."

Regina Haring

----- Original Message -----
From: "Lorine McGinnis Schulze" <>
To: <>; "RMH" <>
Sent: Wednesday, August 20, 2003 2:25 PM
Subject: Re: [D-Col] inheritance customs and guardians


>
>
> On 20 Aug 2003 at 8:38, RMH wrote:
>
> > Could someone explain when the policy of appointing
> > guardians for minor children left fatherless came into
> > practice? And is this a Dutch custom, or did it arise after
> > the Dutch customs had given way to the English?
> >
>
> Hi Regina
>
> Under Dutch law, when a person died, and his/her spouse was
> to remarry, the rights of all underage children had to be
> assured.
>
> The Weeskamer (OrphanMasters) were responsible for assuring
> that children had guardians appointed who would guarantee
> their rights.
>
> You can search OrphanMasters records in both New Netherland
> and Amsterdam (probably elsewhere in the Netherlands too
> but I'm not as familiar with other areas besides Amsterdam)
>
> "The Minutes of the Orphanmasters of New Amsterdam, 1655 to
> 1663" translated and edited by Berthold Fernow is one
> source that is very useful.
>
> Lorine
> Lorine McGinnis Schulze
> --
> * The Olive Tree Genealogy
> http://olivetreegenealogy.com/
> * Naturalization Records
> http://naturalizationrecords.com/
> * USA Genealogy
> http://www.rootsweb.com/~ote/usa_genealogy/
>
> or
>
>

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