G2G: Do you know what it means in Colonial America for a child to choose a guardian? [closed]

Question

When I first ran into cases of minor children choosing or being appointed guardians after the death of their fathers, I was unsure exactly what this meant. They had mothers, so certainly little ones wouldn't go live with this other person. Gradually, I realized that these were persons who would look after the child's inheritance. I just ran into a good example of exactly what this means and thought I would share. I hope you find this helpful.

Asa Soule's father died when Asa was 17. This is his request to choose a guardian:

"Know all men by these presents that I Asa Soule a minor above the age of 14 years Son of Josiah Soul late of Duxbury in the County of Plymouth deceased, have named, ordained and by these presents do make and constitute Judah Alden of Duxbury aforesaid Esq. to be my Guardian, with full power and authority for me, in my name and to my use, to act demand, sue for, recover, receive and take into his possession and custody, all and singular such part and portion of estate which is or may be coming to me as heir to the estate of the said deceased, or which by any other way or means whatsoever, doth of right appertain or belong to me. And to manage employ and improve the same for my best advantage and profit during my minority; and to do all and whatever may be necessary in and about the premises, as fully and affectivelly to all intents and purposes as I might or could do personally being of full age; praying that he may be accordingly accepted into the same power and trust.

"In testimony whereof I have hereunto set my hand & Seal this twelveth day of May AD 1807."

Source: Massachusetts County, District and Probate. Probate Estate Files, No 18766-18908, Soule, Charles E-Southworth, Benjamin, 1686-1915. #18827 Josiah Soule Duxbury, 1807. at Ancestry.com as Massachusetts, Wills and Probate Records, 1635-1991. [Image of original at ($) Ancestry.com]

Comments

Hi Anne,

I too was surprised when I found out a child could have a mother and step-father, but still be a legal "orphan."  Great topic!  I also like what Robert Baird has to say on the subject in his Orphans & Guardians.

Thank you!

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Good article

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This is great information. Thank you for sharing.  I haven't come across this yet but it's good to have the information in advance.

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Anne B, can this thread be closed?

Answer 1

That subtle difference between being appointed a guardian and choosing a guardian can help determine the age of the minor, even if it isn't specifically mentioned. The laws of the place and time governed the age at which a minor could choose. Other things to watch for are

• yearly reports from the guardian detailing how the held money is being invested and spent
• a final accounting when the minor reaches the age of majority
• a statement from the now adult child saying that they have received the balance of their portion

I learned a LOT about guardianship while working on the profiles for John G Harris and his children. He had five minor children, one who had already married, three old enough to choose their own guardian, and one below the age of choice. The probate process lasted 12 years. The youngest child chose to change guardians when she reached the age of choice. There are abstracts of his probate papers with links to the images at FamilySearch in the Sources section on his profile.

Answer 2

A guardian doesn't necessarily take physical custody of a child. But sees to the child's welfare and education, to make sure that no one else squanders what inheritance there is. The guardian also has to put up a bond to prove that he won't take advantage of the child's fortune also.

Comments

well I am sure glad I read this thread, another source to look for