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03 August 2013
Did the Guardian Come Later?
If your relative died with small children and no estate, a guardian would not have to be appointed. But if the child was still a minor and a grandparent with an estate subsequently died, the child may have had a guardian appointed. My uncle died in 1906, leaving a no estate and a small child behind. No guardian was appointed until 1913, after the paternal grandfather died leaving an estate large enough to require probate.
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In 1838 Joseph Spencer died, a ggg grandfather. He left a wife and 4 children. The father of the wife became her guardian and the childrens and they had to live with him. Upon her death in 1842, the grandfather kept the children but he died in 1848, leaving the oldest in charge of the his own siblings. So thankful we don't have that law any longer.
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