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Guardian Bond James Bryan to Jonathan Bryan The Court vs. Shepherd Bryan - Citation Order for Annual Valuation of Jonathan Bryan Land Betty Bryan vs Shepherd Bryan - Citation |
Source: Delaware Public Archive, Dover, DE - Sussex County Orphan's Court Case File R84840
Notes: Bennett made his will on the 28th day of October 1787 and died November 5, 1787. From what I can determine, when a Land owning Male died leaving minor children (under 21 for males, under 18 for females I believe), in Sussex County during this time period, his estate was overseen by the Orphan's Court, even if his wife were still living.
The Quarterly Bulletin of the Archeological Society of Virginia (Vol 39, No. 3, Sept. 1984, p. 121)
Orphans Court
Since mediaeval times, courts have been concerned with the rights of orphans. Under the common law, a landed estate could not be settled until all the heirs had reached the age of majority. In the interim, the orphans court watched over the estate. Guardians were required to file periodic accounts and to give bond for the faithful administration of their duties. Because fathers often died young and left young children, property might be tied up in the court for twenty or more years, during which guardians were entitled to collect guardianship fees. The fact that there were relatively few abuses, is testimony to the general honesty of our forebears. When the youngest child came of age, the court would then divide what remained of the estate. Guardians' returns and annual valuations of rents are full of information about income property, repairs, sales of crops, contracts, education expenses, and a myriad of other details."
Thoughts: The fact that some of the documents reference other documents that were not in the file tells me that this case file is not complete. The fact that James becomes a guardian to Jonathan tells me that he was probably older than Jonathan. Also interesting that Jonathan was given his land right away with his oldest brother Shepherd - but James had to wait until his mother's passing to get his land - BUT her third was the one with the house and other important outbuildings so I would think this was desireable. Also, Bennett specified in his will that each of his daughters receive money to be paid by thier brothers - Shepherd and Jonathan each had to pay 45 pounds, but James only had to pay 20 pounds. What does this mean? Was James favored, or handicapped in some way, or am I assuming the house portion of the land was the most valuable? Also, why would the youngest boy (if indeed Jonathan was), have to pay more than James? Another note is that James was his mother's administrator, not Shepherd - who I believe was the oldest.