Death of a Parent
The Death of the Parent
The uncertainty in children’s lives was a constant. One day you had two parents who provided and cared for you and the next day one or both falls ill and dies.
You were an orphan if your father died. Always consider how old your ancestor was when his father died because things are going to happen to him at that point:
If it is before the American Revolution find out if your colony practiced Primogeniture. Some examples that did were Virginia, Rhode Island (unlike most of New England), Maryland and other southern states.
Pennsylvania divided estates in equal shares after the dower division but the eldest son got two shares
In colonies that followed primogeniture fathers could leave a will with different provisions but if he died intestate it reverted to this. If the widow was still alive she got her third. The eldest son got everything else.
If children were older before their father died he had often found some property for them but if a father died under this system when children were young it was devastating to their future.
Guardianships
Guardianships were only appointed for heirs .– they were guardians of money and property and assets not children. It could be the mother, it could be a male relative or friend.
If he was a young father he probably died intestate and may not have acquired much estate to this point in his life. No guardian would be appointed.
The neighborhood knew your financial business because an inventory was made. If they looked at your assets and decided the widow could not take care of all her children a court order was entered for her to come tell what her plan was.
If she had no plan the children were taken from the mother and bound out. In New England and Quaker based areas they tried to wait till they were around 12 but in Virginia and the south and frontier many very young children were bound out.
Find out where guardianships and binding outs were kept in your colony or state.
In New England they may be with probate or in town records or special books of guardianships or sometimes court records so it takes some digging to find out where they might be.
Maryland & Pennsylvania used orphans courts.
Montgomery Co. MD Orphans Court 1779-1810
Sometimes there is a master index of probate that tells where to find sale, inventory, guardianship, dower etc.
Many places used county courts. Start with probate records and see if they have guardianship books.
Some apprenticeship and binding out papers are in deed books.