Guardian Accounts

Guardianship had more to do with managing the orphan's inherited property than it did the day to day raising of the child. Remember that an orphan was, at that time, considered to be a child whose father had died. Thus, his or her mother might still be living. The orphan's mother or another relative would usually tend to the child's actual care. Orphans and Guardians ➚ is a very informative article outlining the specific details regarding guardianship in the colonial era.

An orphan's legal guardian was often a well-to-do neighbor who was in close enough proximity to effectively oversee operations, or else an impartial relative who did not have personal interest in the property. The child could pick his or her guardian if over 14 years of age, so long as the person chosen was approved by the court.

Requirements of a guardian:
1) Represent the child in legal matters
2) Manage and improve the orphan's property
3) Give an annual accounting of the property's income and expenses
4) Use the property's profits to financially fund the child's education and physical needs
5) Impartial, with no personal interest in the property (for this reason, rarely would a step-father be approved)
6) Able to post a bond equal to the property's value (for a wealthy child, only a wealthy man could afford this)

CHATHAM COUNTY, NORTH CAROLINA

GEORGE³ BREWER (OLIVER², GEORGE¹)

Court Session of May 1797, p 139 

"John Crow is appointed guardian of George Brewer, having given Bond in the sum of four hundred pounds with John Ferington, security..."
Source - Orphan's Indentures & Guardianship Records in Court Minutes, transcribed by Sue Ashby ➚

Note that George's mother probably initially had custody as well as guardianship of him, as indicated in his father's will 14 Oct 1791, also in Chatham County, North Carolina. "... I give to my beloved wife Rebecah Brewer the plantation whereon I now live during her natural life and widowhood and all the land of this side Ward's Branch joyning the plantation and after her decease to my son George Brewer to his heirs and assigns forever..."  

Such wording was common at that time. It generally meant that the widow would remain on the main estate, that the named son would remain with and/or care for her, and that this portion of the plantation would eventually fall to him. This, and the fact that she was named as one of the executors, suggest that, until her death, she had the legal right to maintain control of the portion of the estate that he would inherit. Perhaps John Crow took guardianship after she died or remarried.

It can also be assumed that George was the youngest son, since no others were appointed guardians. All of his sisters, save Frances, whether younger than him or not, were already married, according to their father's will. Another indication that he was the youngest son is that he was last in the list of sons, in the portion of the will which divides up the remainder of the property. The responsibility of taking care of one's mother, during her widowhood, on the home place also often fell to a younger son since he did not yet have his own land. A transcription of the will can be found at An Arkansas Connection ➚

Court Sessions of Feb 1798, p 176 

"An acc't of monies retn'd by John Crow, guardian of George Brewer from the Exec'trs of Oliver Brewer was returned & ordered to be recorded."

Source - Orphan's Indentures & Guardianship Records in Court Minutes, transcribed by Sue Ashby ➚

Since he was still under the guardianship of John Crow, it can be safely concluded that George Brewer was under the age of 21 in Feb 1798, putting his birth date after Feb 1777.

Court Sessions of Feb 1800, p 251
"An account of John Crow guardian of George Brewer, minor orphan of Oliver Brewer, dec'd returned in court of oath."
Source - Orphan's Indentures & Guardianship Records in Court Minutes, Chatham County Court of Pleas & Quarter Sessions- 1774-1800, Vol 1- 1774-1779, North Carolina State Archives film #C.022.30001, transcribed by Sue Ashby ➚

As a minor, he was still under the age of 21 in Feb 1800, putting his birth date even later, namely after Feb 1779.

Aug 1802, p 7
"George Brewer, Orphan of Oliver Brewer - John Crow, Guardian - Aug 1802"

Source - Guardian Accounts- 1800-1830, Chatham County, Volume A, transcribed by Sue Ashby ➚

Again, George was still under the age of 21 by Aug 1802, indicating that he was born after Aug 1781. So you can see how these records can help narrow down an ancestor's birth date. Thus, he could have been 10 years old or younger when his father's will was written in 1791. His father's estate, at that time, included land and also at least one slave. At the time of the 1790 census, Oliver had 3 slaves. Perhaps the other two had been sold or given to other children, or were a part of the main estate which his widow took charge of, and which George later received.