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Date: Sun, 12 Feb 2006 10:37:15 -0800
Subject: Re: [ROOTS-L] "Guardian"
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Mollie writes:
>I need some clarification for the term "guardian." I have a copy of 
>an 1832 deed in which one Kitty Gainey is listed as the "guardian" 
>for the minor heirs of her husband, Abraham, who is deceased. I have 
>long suspected that Kitty is a second wife. If she were the first 
>wife, and mother of all the children, even those who are minors, 
>would she still be referred to as the "guardian" for those minor 
>children?

This is a fairly common situation.  Minor children could not legally
manage or dispose of their interest in real property until they came of
legal age.  Even their biological parent could not do so for them, so
someone had to be appointed guardian to administer the property on their
behalf until they were of legal age to do so for themselves.  The
relationship between Katie and the children may or may not be disclosed
in the records of the probate court in which the guardianship was
decreed, but certainly should be looked into. Guardianship means the
authority granted by a probate court to administer property for persons
who are not legally competent to do so for themselves, and could be
granted to anyone, related or not. One does not automatically become a
guardian.

Dean

