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    1. Re: [KENT-ENG] LAW OF GUARDIANSHIP c.1800
    2. zandara
    3. Hello Nick, The simplest answer to your question is that, generally, all guardianship matters were the bailiwick of the ecclesiastical courts (pre-1859). But, as with all other legal processes nothing is ever simple or straight-forward. So, the balance of my answer will only hit on the most important points and in a simplified fashion. First, there are two separate terms applied to guardians: Curators and Tutors. The guardian of a minor child named in a will posted a Bond of Tuition (typically abbreviated as `Tuon', or referred to as a Tutor) where guardianship concerning minors of under 15 years of age (boys) or 13 years of age (girls). A Curation Bond (typically abbreviated as `Curon', referring to a Curator) was posted where the guardianship concerned minors under 21 but over 14 years of age (boys) or 12 years of age (girls). Guardianships were largely created by an individual naming a desired person in his or her Will to act as such for his or her minor children. So, you may wish to back up in your research to attempt to locate a Will that might name your 1812 minor female as a child of the Testator or Testatrix of that Will. If there had been several tragedies in the family you may discover that the child had been passed from guardian to guardian and was, at the time of her marriage, on her second or third guardian. Again, generally speaking, the probate of a Will or the administration of an intestate's estate triggered the guardianship process, whereby the appropriate bond would be required of the individual who ultimately consented to act as guardian, followed by the inscribing of that individual's name and relationship along with the name and age of the ward in a register filed in the applicable ecclesiastical court. I say, 'applicable' as you will discover that the Archdeaconry Court as well as the Consistory Court and other courts (Prerogative Court of Canterbury, courts of Deans and Chapters as well as Peculiars) kept their own files, registers, bonds, et cetera. Actions brought in Chancery will also include amongst its files records of guardians. Guardians accounts were also required, inventories if applicable (estate matters), nominations, releases and of course the ward always had the right, at court, to bring an action by a "next friend" to petition for replacement of an appointed guardian. Alternatively, minor children could also make an appointment of an individual as guardian should a nominee decline to act in that capacity, or in cases where no close next-of-kin guardian exists. Just to get you started on the right path in your search for guardianship records you might wish to take note of the following: 1. Guardians registers filed in Consistory Court (Kent) are kept at Canterbury Cathedral Archives in CKS-PRC/26 and include the registers of elections of guardians, which give the age of the minor child and his or her relationship to the guardian so appointed. The covering dates are outside your range, though - 1631-1763. 2. Miscellaneous ecclesiastical court documents, which include guardians accounts, for the Archdeaconry Court causes are also at Canterbury Cathedral Archives 1582-1799 in CCA-DCb-PRC/18, while guardians registers, but only up to 1784, are in CKS-PRC/8. 3. Files generated by Chancery proceedings are held at the The National Archives, Kew indexed on its' website in the "Catalogue" http://www.nationalarchives.gov.uk/catalogue/default.asp?j=1 . Archive.org has some indices as does Ancestry, Google Books - just Google "Calendar of chancery proceedings" and you'll be overwhelmed by the number of locations, some free, some pay sites. Don't overlook a search on http://www.lib.byu.edu/fhc/index.php for free calendars to chancery proceedings, as well. For a more comprehensive list of archival material held in Kent archives your should search http://www.kentarchives.org.uk/Index.htm Sincerely, Susan D. Young, St. Catharines, Ontario, Canada Chief Executive, Ancestry Solutions www.ancestrysolutions.com County Administrator, Kent OPC www.kent-opc.org ----- Original Message ----- From: "Nick Wilson" <nickwilson@shaw.ca> To: <KENT-ENG@rootsweb.com> Sent: Monday, April 12, 2010 10:32 PM Subject: [KENT-ENG] LAW OF GUARDIANSHIP c.1800 Hello, I have, with a lot of outside help, been able to trace an ancestor, who at the time of her marriage in 1812 as a minor was the ward of her older half brother. Can anyone direct me to the laws of guardianship in force two hundred years ago. Was the Government involved, or could everything be done in a lawyer office? Was the cerificate of guardianship then registered and if so where? Thanks, nick

    04/13/2010 06:21:02