On Mon, Feb 17, 2014 at 9:07 PM, Stuart Bechman <sbechman@sbcglobal.net> wrote: Hi, I'm looking at Delaware pre-1800 probate records where petitions have been filed to designate a guardian to minors of a deceased parent. This raises a few questions for me, I am wondering if anyone on this list knows the answers?: 1) At what age did minors cease to be minors in that period? Single Freeman came on Tax Lists at age 21. In 1800, most men married at or beyond that age. I'm unsure of age for women to marry but I assume at least age of majority OR by consent. 2) Would all minors of a deceased parent require a guardian, or just minors under a certain age? Typically, yes, 'all' minors with one or more Counsel/representation/guardian to represent their interests. NOTE: Just because a guardian is listed, it does not mean the mother is dead. Guardian often was only for legal matters. 3) Some of the petitions seem to indicate that the mother was still alive at the time of the petition. Is that possible or typical? Yes, a father's Real Property was deemed to pass to children, so the Children NOT the wife had first rights. Remember women/wives were almost 'possessions' and non-persons with limited legal rights. 4) Would a guardianship be sought if the father was widowed but still alive? Not typically because legal order when a mother died is Father > minor children and Female Adult UNmarried > Father's Spouse > Adult Children, and if Adult Married then also her husband (because "she" was incapable of signing legal contracts). If the Father died, it was minor children and Female Adult UNmarried > Father's Spouse > Adult Children, and if Adult Married then also her husband (because "she" was incapable of signing legal contracts). Either way, Kids must be taken care of till age 21 (males) and most unmarried females continued to live at home so then the widow could apply for an upkeep allowance (if the Estate remained unsettled). Based on SW PA research and I welcome other people's comments on what I've written here. Judy -- -- WASHINGTON COUNTY PA WEBSITES::: http://freepages.misc.rootsweb.ancestry.com/~florian/ http://freepages.school-alumni.rootsweb.com/~florian/the-rockdoctor/ Coordinator of the Washington County PAGenWeb: http://www.rootsweb.ancestry.com/~pawashin/

> 4) Would a guardianship be sought if the father was widowed but still alive? I have found this to be true in a number of cases when the maternal grandfather has left a bequest to a deceased daughter. Reasoning is to protect the inheritance for those specifically name grandchildren in case the father remarries. And, not always is the father named as their guardian. I have seen estates where the son-in-law had fallen from favor for one reason or another with other relatives or neighbors appointed as guardians. Many times children in the same family were given different guardians and occasionally they were replaced for various reasons. Gale