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AfriGeneas Free Persons of Color Forum

references for Guardianship; transcript of bond

Hi Sharon,
Actually I can't figure out to post images here either! Sorry for the bad recommendation!
Anyway, I found two online reference books that might help you:

J. G. Woerner, A Treatise on the American Law of Guardianship of Minors and Persons of Unsound Mind (1897)
available online at Google Books:
http://books.google.com/books?id=xww9AAAAIAAJ&printsec=frontcover&dq=A+Treatise+on+the+American+Law+of+Guardianship+of+Minors+and+Persons+of+Unsound+Mind

A Digest of the General Statute Laws of the State of Texas (1859), compiled by Williamson S. Oldham and George W. White
available online at Google Books:
http://books.google.com/books?id=xGINAAAAIAAJ&dq

The reason that Yarboro's age ("being over the age of fourteen years") was important is explained by Woerner: "The right of nominating to the court the person to be appointed guardian is affirmatively granted to infants over fourteen years of age in probably all of the States."

The guardian would not actually have to post the bond money up front, but if he failed to comply with the conditions of the bond, he and his two "sureties" could be summoned to the court and required to pay.

Below is my transcript of the scanned image you sent me.
---------------------------------
Order of Appointment of Guardian

Estate of Yarboro called Sam a Minor of Color

It having been suggested to the chief Justice that Stephen Miller the former
Guardian of certain minor children of free woman of color named C____
was deceased and one of said children to wit Yarboro (commonly called ____)
being over the age of fourteen years, having appeared before the Chief
Justice in proper person [i.e., in person] and made request that Nelson H. Munger may
be appointed his guardian, It is ordered [&] adjudged and deemed[?] that the
said Nelson H. Munger be appointed the guardian of the person and estate[?]
of the said Yarboro (commonly called Sam) and that he give bond in the
sum of One Thousand Dollars for the faithful discharge of his duties
under the appointment. Done in vacation November 15, 1850

The State of Texas County of Austin //
Know all men by these presents that Mr N H Munger
as principal and H S Day and James Hilyard as
surety, are held and firmly bound unto the Chief Justice of the Cny [County]
of Austin in the sum of One Thousand Dollars for the faithful payment
of which well and truly to be made unto the said Chief Justice we bind
ourselves our heirs executors and administrators jointly and severally firmly by
these presents[.] Signed with our hands and sealed with our seals being scrawls
this 15th day of November A D 1850 The condition of the above obligation
is such that whereas Nelson H Munger has been appointed guardian of
Yarbor (commonly called Sam) minor heir of a Colored Woman Celia by the
Chief Justice of the County of Austin And if the the said N H Munger
shall well and truly perform all the duties required of him under said
appointment then this obligation to [be] null and void otherwise to remain
in full force and virtue.

Attest
James C Francis J?CCM

[signed]
N H Munger
H S Day
[third signature cut off]


18 Dec 2002 :: 14 Nov 2008
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