Hey Audrey, This was a response to a specific question about guardianship in times past. I'm not a lawyer, and I really didn't think out my response so that it would cover all people in Virginia from 1607 forward. This was just about Levi Vassar in 1825, a contemporary of some of my ancestors in the area. Best regards, Mignon Audrey Pool wrote: > I believe this legal process is more complicated than herein presented. For > instance, are we speaking of minor children, mental or physical handicap, > adult children who are incompetent to care for younger children, spouse, > etc? > > I have original court records showing the mother as guardian of her own > children, but she did need a court document to show this after the father's > death. > > It is difficult for me to believe the mother, if she wants her children, > would not have first choice. If she needs help...well, this is America! > > Audrey > > ----- Original Message ----- > From: "Mignon Nicholson" <[email protected]> > To: <[email protected]> > Sent: Monday, January 19, 2004 10:51 PM > Subject: [VA-SOUTHSIDE-L] guardians of orphans in VA > > > Here's something from a cousin: > > > > I believe that it is true that all orphaned children [children with > > no > > father] were given guardians. If their father had money the > > guardian was supposed > > to handle financial affairs for the children. If the father had no > > money and > > the children were going to be wards of the state they were usually > > made > > indentured servants until they became of age. According to John > > P. Alcock in his > > article "What Genealogists should know about 18th Century Virginia > > Law", a wife > > "had no legal say over who would be the guardian of their minor > > children > > after her husband had died." and "If her husband had been too poor > > to assure that > > she and her children were not going to become a public charge, she > > had no > > power to prevent the children from being taken away from her and > > bound out to a > > strange." > > > > I believe that children were allowed to stay with their mother as > > long as the > > father left money to provide for them. > > > > Guardianship records are usually found in the COB's in > > Halifax > > County. I believe that it is true that all orphaned children [children > > with > > no > > father] were given guardians. If their father had money the > > guardian was supposed > > to handle financial affairs for the children. If the father had no > > money and > > the children were going to be wards of the state they were usually > > made > > indentured servants until they became of age. According to John > > P. Alcock in his > > article "What Genealogists should know about 18th Century Virginia > > Law", a wife > > "had no legal say over who would be the guardian of their minor > > children > > after her husband had died." and "If her husband had been too poor > > to assure that > > she and her children were not going to become a public charge, she > > had no > > power to prevent the children from being taken away from her and > > bound out to a > > stranger." > > > > > > > > > > > > ==== VA-SOUTHSIDE Mailing List ==== > > Rootsweb Acceptable Use Policy forbids posting copyrighted material which > you do not own to Rootsweb Lists. > > > > ============================== > > Gain access to over two billion names including the new Immigration > > Collection with an Ancestry.com free trial. Click to learn more. > > http://www.ancestry.com/rd/redir.asp?targetid=4930&sourceid=1237 > > > >