You need to look at the orphans court records and all the administrative papres involved. If there are minor children, there is a court appointed guardian regardless of what they may inherit. If I remember correctly, females under age 18 and boys under 16 (I could be wrong on this) require guardians. South Carolina law might well be that the oldest male inherits everything, that it's unnecessary to specify this in documents. It isn't all that unusual for a wife's name, even though living, not to be mentioned by the way. What you might do is to write to the SC genealogical society and inquire from them what practices existed at the time in SC and what other documentation might establish who his parents were. Where in SC were they living??? What was the name of his wife and the children mentioned in the will? Josette Maxwell Boone NC At 08:23 PM 10/21/04 -0500, you wrote: >Lyndall. Perhaps the laws of South Carolina were different than that of >other states, but I write of that which I have found to be true. From the >way you write, it seems William's wife predeceased him. The two children >which were mentioned were probably old enough to be on their own, at least >to care for themselves, AND their inheritance. Joseph, being underage was >either adopted or placed under the care of another family, in a prearranged >agreement, (until he was of legal age), perhaps the brother or other >relatives. If this was the case, it seems his share of the fathers estate >would, in all probability, been entrusted to the care of that >person,(hopefully) to be turned over to Joseph at a given age. Also perhaps, >minus the care which he received. Do you have any idea who raised him? >Also Lyndall, I am going on the norm. Things happen in families, but I am >assuming Joseph was indeed the son of William. Also, it is a good thing to >think he eventually received his inheritance. Good luck Martha Maxwell > > ----- Original Message ----- >From: Lyndall Maxwell <[email protected]> >To: <[email protected]> >Sent: Thursday, October 21, 2004 7:26 PM >Subject: [MAXWELL-L] Legal Matter > > > > My ancestor William Maxwell died in 1796, SC. He didn't have a will but >his estate was administered by his brother and two other relatives. His >wife was not mentioned. Unfortunately, my Joseph who was just 13 years old >was not mentioned either. Joseph's older brother and 2 younger sisters were >mentioned. Does that mean that Joseph was NOT his son? What could be the >reason not to be mentioned? Does that mean William's wife had died? >thanks. > > > > Lyndall > >