Who is considered an orphan? Someone with no living parents? Not until the late 1800s. In this article we'll explain what guardianship really means.
Genealogists may encounter references to orphans in guardianship or probate records. However, researchers shouldn’t assume both parents were deceased. Those who had lost only one parent, especially a father, were termed “social orphans.” In colonial times, children were considered assets in which their fathers had property rights. Widows could even lose their children to a guardian named by their father in his will.
What Does Guardianship Really Mean?
Many times, a guardian’s responsibility focused more on an orphan’s property than on the orphan herself or himself. Guardianship had little to do with physical custody of the child. Its primary purpose was to manage the orphan’s estate, preserve any inherited property, and use the estate for maintenance and education of the child until he was old enough to manage it. The guardian was required to submit an accounting of the estate’s income and expenses each year and could be replaced by the court if he or she neglected their duties. They were also personally liable for any loss of the child’s property.
How Was Guardianship Determined?
All colonies had an Orphans Court of some type, many of which continued on in a variety of later courts, such as probate and common pleas. The courts’ responsibilities included:
• supervising the management of the orphan’s estate by the guardian;
• overseeing management of orphan-owned real estate;
• appointing or removing guardians as needed;
• overseeing orphans’ apprenticeships.
A father’s will could leave a life estate to his widow, with possession going to a child when she was of age. This, in effect, made the mother the guardian. If a mother was the one giving consent for a marriage, this is a sign there was no other guardian. However, the court also assumed a mother’s remarriage meant she was unable to protect the child’s estate from the new stepfather, and the court typically appointed a replacement guardian, such as a neighbor or a relative with no interest in the estate. When a child reached the age of 14, he could choose his own guardian or could apprentice himself, although he was still considered a minor until reaching the age of 21.
What If There Was No Inheritance?
Orphans who did not inherit estates did not need guardians, as there was no property to protect. The courts assumed such orphans would live with their mother. If she was dead or unable to care for them, they were bound out as apprentices by the court. Most apprentices were boys; however, girls could be apprenticed as well. Their “master” became responsible for their food, shelter, clothing, and education.
How Do I Find Guardianship Records?
Online is a great place to start your search for guardianship records. Ancestry’s records relating to guardianship are primarily indexes, but some original records are in their holdings. Search in “Wills & Probates, Estates & Guardian Records.” Many county court records also have been digitized by FamilySearch; however, they are not always indexed.
Legacy Tree Genealogists’ team of experts will be happy to help you explore and preserve your family history, and will review every possible record to find the details of your ancestors' lives . Contact us for a free quote.
Am searching for more information about my great grandmother Mary Alice Winkelspecht ( she married Charles Williams ” a Colored” man 1868 in Cleveland Ohio) born 1840′ s i Ohio. Her parents ( my gggrandparents) Immagrated from Baden Wurtenmberge Germany around 1830 ( Gottfred & Frederlike Winklespecht) Records show Frederlike had a child named Frederlike but because of the elder Frederlike age I believe Mary Alice was the mother ( unmarried at this time) I would like to kniw what happened to them all I know Mary had 2 sons Walter and Charles which would become my dads father ALL NAMED CHARLES EDWARD WILLIAMS. THANK YOU FOR ANY HELP
Hi Cheryl, we would be happy to help you learn more about Mary Alice. I will have a member of our Client Solutions team contact you to discuss your research goals and how we can assist. We look forward to working with you!
was wondering why my gg grandmother would be appointed a guardianship, that her name would be changed, Her maiden name was Fink according to fold 3 , but on her children’s death certificate it listed her name as Bowser, thank you for any thing you may think, I have my thoughts but just wondered if your would be the same as mine, she had a brother also who was appointed to the same family.
Hi Pat, sounds like an interesting project, and we’d be happy to help! You can get started by requesting a free quote here.
A timely post for me because I just used digitized but un-indexed records on Family Search to figure out just this sort of thing. I found the guardianship records of a boy who ended up being born 2 years before his father died but we had no time frame for his life up til that point. He was just a name in a will. I’ve been piecing together a brick wall family for a while with some information from Ancestry, some from Family Search, some from Newspapers, etc. Makes me glad I’ve got a program like Rootsfinder where I can put everything together rather than having to juggle three or four trees.
I am trying to research what happened when my grandfather was orpened in West Virginia and “taken in” by his uncle who lived in Kentucky around 1897. It appears that this practice was done in several situations in my family in the 1800’s. An explaination about the “taken in” practice would be helpful so I don’t spend time looking for documents that don’t exist. I am looking for his mother’s name and if there was a legal prceedings, her name should appear.
Are you able to research (or guide me on how to) records pertaining to guardianship in Scotland? It would appear that my mother was possibly placed under guardianship as her parents were not married. I have always been led to believe that she had been fostered but there have been no records found. I have recently found a photo of a gravestone with a name on it and it says shewas a guardian and I am trying to ascertianif she was my mother’s guardian, rather than a foster parent. Thank you.
Are you able to research (or guide me on how to) records pertaining to guardianship in Scotland? It would appear that my mother was possibly placed under guardianship as her parents were not married. I have always been led to believe that she had been fostered but there have been no records found. I have recently found a photo of a gravestone with a name on it and it says shewas a guardian and I am trying to ascertianif she was my mother’s guardian, rather than a foster parent. Thank you.
Hello, Ian! Yes, we can definitely help you with determining the relationship between this woman and your mother. You can schedule a consultation with one of our professional genealogists here: https://www.legacytree.com/genealogy-consultation
In the 1790s to early 1800s, if an underage female under a guardian married before she was 21, did she still have to wait until 21 for her inheritance?
Hi TJ! Such a broad question! Here’s a broad answer for you: that would be determined by the laws of the state where the probate court that was handling the inheritance was located. Hope that helps a bit!
Sorry about that! It would be Virginia & Kentucky. Technically, the person died 1791 in Mercer Co., Virginia. Then Mercer became part of Kentucky’s statehood in 1792.
Where is the best place to start looking if the guardianship was for an Choctaw Indian living in Hughes Oklahoma in 1900? I am trying to identify the child’s biological mother.
Hi, Mark! We’d love to help you with this! This would be a great opportunity for a 45-minute consultation so that we can get a little more information from you to help you as best we can. You can schedule a consultation here: http://www.legacytree.com/genealogy-consultation