Bennett Bryan's Orphans Court Documents 1787-1791

Documents
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.


Guardian Bond James Bryan to Jonathan Bryan

Sussex County
Know all Men by these Presents that we James Bryan of the County afs Yeoman and John Jestor of said County Yeoman are hold and firmly bound unto Jonathan Bryan a minor Son of Bennet Bryan late of said County decd in the sum of Five Hundred Pounds of lawful money of the Delaware State to be paid to the said Jonathan Bryan or his certain Attorney, Heirs, Executors Administrators or Assigns to the which payment will and truly to be made We bind ourselves or our Heirs Executors and Admins firmly by these Presents sealed with our seals and dated the Ninth day of November One thousand seven hundred and eighty seven.

Whereas the above bounden James Bryan - was at an Orphans Court held this day at Lewes for the County afsd appointed guardian to the above named Jonathan Bryan during his Minority or untill another shall be appointed in his stead. Now it the said James Bryan whom discharged from his guardianship shall rend or a true and just Account thereof, and deliver the Estate both real and personal to him the said Jonathan Bryan his Heirs executors or Admins or to any other person having a right to call him to such account then the above obligation to be void or else to remain in full foresaid virtue.

James Bryan Seal
John Jester Seal
Sealed and delivered in presence of John Wittbank and W Harrison



The Court vs. Shepherd Bryan - Citation

The Delaware State to the Sheriff of Sussex County, Greeting We command that forthwith you cite Shepherd Bryan, Executor of the Testament and Last Will of Bennett Bryan late of Sussex County dec. that he be and appear before the Justices of the Orphans Court at Lewes on Tuesday the Second of June next ensuing to render and pass an Account of his said Administration and pass Bond with Security as the Law directs for securing the Ballances that may be found remaining in his hands and have you then thow this Writ Mitness John Wittbank Esquire Chief Justice of our said Court at Lewes this Sixth day of May One thousand seven hundred and eighty nine.
Phillip Kollock

" Cited to Answer - Thomas Evans Sheriff " was written on the outside of this document.



Order for Annual Valuation of Jonathan Bryan Land (Mutilated Document)

At an Orphans Court held at Lewes in and for the County of Sussex the 4th day of August 1789 before John Witbank, John Clower, Alexander Laws, and Peter F Wright Esq. Justices Present Phillips Kollock Ctk

Came into Court Rachel Brian Guardian to the Person and Estate of Jonathan Bryan a Minor Son of Bennett Bryan late of Sussex County decd and prayed the Court to appoint three Freeholders to go upon and view the Lands belonging to said Minor situated in Cedar Creek Hundred in the County afs and make a just estimate of the annual values thereof pursuant to Law.

Whereupon it was Considered by the Court and Ordered that Mess Ratch Poynter, George Black and David Williams do enter on said Minor Land be first duly qualified according to Law and afs viewing and maturely consider the same proceed to make a just estimate of the Annual Values thereof and repot what Buildings, Orchards and fences _________________________________ what repair they are in, what part of said Land ____________________________ further permitted to clear and cultivate as well ___________________________ valued, as loward, her yearly Charge in keeping ____________________________ fences in repair and so by her not to be lost, haveing _____________________ part of uncleared Land as well for Quality as ______________________________ advantage of said Minor whom at age, and the _______________________________ Orphans Court as the Law directs.

----------------------

I do Certify that Radcliff Poynter and David Williams and George Black ware Legally Qualified agreeable to the within Order of Court Sworn Before John Campbell - May 9th Day 1790

----------------------

We the subscribers, Freeholders, in Cedar Creek Hundred Sussex County in Delaware by order of the Orphans Court for the County afs. held at Lews the 4th of August 1789 being appointed to set in Anual Valuation on the Lands of Jonathan Bryan a Minor and for other purposes in said Order Mentioned ~ After entering on the premises, viewing the same and Maturelyu Considering thereof do find the said Land to be worth the sum of Seven Pounds per annium and the said Minor's Guardien to Clear only as much ground as the Timber there on my be sufficient to keep the fence in good repair there being no orchards or buildings except a small log house - The ___ which incluth the whole clear ground being in good repair as also a crops fence through the same given under our hands and seals the 27th day of Aug. 1790.

Rattcliff Poynter - Seal
George Black - Seal
David Williams - Seal



Betty Bryan vs Shepherd Bryan - Citation

Sussex
The Delaware State to the Shefiff of Sussex County Greeting, We Command that forthwith you ___ Shepherd Bryan Executer of the Testament and Last Will of Bennett Bryan late of Sussex County decd. That he be and appear before the Justices of the Orphans Court at Lewes on Tuesday the Seventh of December next to render and pass a final Account of his said Administration and make Settlement of his Estate, and pays Bond with Security as Law directs for his Behlanes that may remain in his hands and have you know there this Writ Mitness John Wilbank Esquire Chief of Justice of said Court at Lewes the Sixth day of November One thousand seven hundred and ninety.
Phillip Kollock

" Cited to Answer - Thomas Evans Sheriff " was written on the outside of this document.



[TREE] [ NEXT - (James Bryan, Sr.) ] [PREVIOUS] [HOME PAGE] [SEARCH]

Brought to you by Karen Wunderlich Stezowski. Visit other sites I've designed from my Home Page