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Archiver > PALANCAS > 2003-05 > 1052156069


From: "James L. Stokes" <>
Subject: Re: [PALANCAS] guardian
Date: Mon, 5 May 2003 13:34:29 -0400
References: <3EB68670.C4E79A79@gte.net>


When someone was appointed a guardian for a child the child didn't live
with them, they were basically a financial guardian, to make sure the child
received their share of the father's estate. In Pa. and in many states, a
married women wasn't allowed to own property so when the child's mother
remarried any property she owned would automatically become the property of
the second husband. An outside guardian was appointed by Orphans Court to
make sure the child got his share of the estate, they almost never
appointed the step father. If the overseer moved away then, in theory, a
new guardian would be appointed. In practice the Orphans Court would have
no way of knowing that the person moved away so it would be up to the
child's mother or someone to bring the issue up in Orphans Court, if nothing
was done the child could still come into Orphans Court as an adult to get
his share of his father's estate assuming there was still something to get.

Legal age was 21 but you didn't need a guardian if you were over 16 and
male, if you were between 14 and 16 and male you were allowed to choose your
own guardian. I believe the age for females was 16 to choose your own
guardian and 18 to not require a guardian.
It was very common for the child not to try to get their share until
they were ready to marry, where they would petition Orphans Court for their
share. If the family had left Lancaster then it was probably a dead issue.
Most of the shares given to kids would based on the land the father owned,
if the land was sold and the family moved the child should have received a
share of the proceeds, if he didn't he was probably out of luck. A lot
would depend on the age of the child when the land was sold.

I don't think someone from Pa. would be given land in Georgia, it would
probably be a different family or they bought the land in Georgia. If the
Commonwealth of Pa. was giving land it would be in the northwestern part of
the state, the area not already settled. If the land came from the Federal
Government then it was usually in Ohio.

Jim
Conestoga Area Historical Society
http://www.rootsweb.com/~pacahs/index.htm


----- Original Message -----
From: "robin bryson" <>
To: <>
Sent: Monday, May 05, 2003 11:42 AM
Subject: [PALANCAS] guardian


> A childs father has died @1751 and the courts granded guardianship to a
> neighbor and the neighbor moves, does the child go with them and if so
> when the child comes of age he must go back to court to have him
> released but what court? Where it first was granded or where he moved
> too?
>
>
>
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> http://www.rootsweb.com
>
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