This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/JS.2ADE/713.1.1.2.2.1.1.1.1.1.1.1 Message Board Post: Carolyn, we have been told by lawyers and researchers alike that in several states a widower was required to gain legal custody of his own children (particularly if he were absent at the time of the death of the mother). Josiah served in the War of 1812. We think he may have still been away in service during the War of 1812 when Willoughby was born and Nancy died (1813). Besides, Josiah's will mentions the fact that he had children with his first wife (Nancy Asbell) although the will doesn't list them by name. These are the reasons we feel sure that Willoughby and the other children mentioned in the guardianship document were Josiah's children. About 40 years ago my brother-in-law died in TX. His wife was required by law to become the legal guardian of their three children. This happened about 1960 in Lubbock, TX. I don't think this is an unusual practice at all. We have done a lot of searching for siblings of Josiah in Lowndes Co. AL and have not found any. I don't say that he had none--but if he did, we haven't found them. I wish I could give you some black and white proof that Willoughby was the son of Josiah Todd and Nancy Asbell, but I can't. However, I am sure that my g-g grandfather, Willoughby Todd, was the son of Josiah and Nancy.