What is the meaning of this adoption?

Question

According to sources Martin Duncan and his brothers were orphaned and chose a Mr Cowan as their guardian in 1780. At this time Martin Duncan would have  been 20 years old. What would be the purpose of this order when he was already of legal age?

20 June 1780, Martin Dunkin orphan of John Duncan Deceased with the approbation of the Court chose William Cowan his Guardian Whereupon he together with Charles Kilgore and Thomas Montgomery acknowledged their Bond in the Sum of ten Thousand pounds for the faithful Guardianship of the said Orphans Estate.

Interestingly in the same source I have:

15 Aug. 1780, William Dunkin and John Dunkin Orphans of John Dunkin Decd. with the approbation of the Court chose Melcher Oyler their Guardian, whereupon he together with Andrew Cowan and Alex. Montgomery acknowledged themselves bound unto the Court in the sum of Six Thousand Pounds for the faithfull guardianship of the said Orphans. (pg.1060-1061)

Mr. Oyler was the new husband of their mother Rachel 

Comments

Inheritance laws?  That was just the first thing that popped in to my head.

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Please explain what you mean.

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Just thought perhaps a formal adoption would guarantee that the adopted sons could inherit because adoption would make them legal heirs. I donʻt know if that would be the case, but it is something to consider. You would need to know the law in that location at that time.

Answer 1

21 was legal age at that time, so he needed a guardian for some period of time until he turned 21.

Answer 2

Maybe the legal adult age was 21 back then? This is  a Guardianship (trusteeship nowadays) of an Estate- Not an adoption. Guardianship of an Orphans estate is appointed for minors, by the court, in compliance with the deceased's will. That is strange wording saying young orphans chose the guardian. But perhaps the will gave choices as to who could be designated. Cant say without reading the actual document. The Court would ensure this was observed as part of the probate process. Guardianship of an Orphans Estate involves the administering of the orphans inheritance, not becoming their adoptive parents. The bond that the guardian (and the two others who helped him raise the money for the bond) entered into, is the courts way of ensuring that even if the estate was destitute the bond amount would cover the maintenance of the orphans. So the guardian and two others guaranteed the amount of $10,000 . If the estate didn't have sufficient funds to meet the obligation, the guardian and the other two named in the bond would be on the hook for the funds.

The second part (a month later) is dealing with the younger brothers, appointing a Guardian and again this Guardian of the Estate of an Orphan and two people who backed him with funds to meet the $3000 obligation, entered into the bond with him. Why this is dealt with a month later is not clear from your info.

Hope that helps.

Comments

In colonial Virginia and Pennsylvania (maybe other colonies) children could choose their own guardian at the age of fourteen.   Also worth noting that “orphan” in legal terms just meant the father was dead.  Women in most cases were presumed incompetent to manage their husband’s estate on behalf of their own children.