Regency Trivia!!

Today’s post is about guardians and trustees. Guardians had physical custody and responsibility for the children. Trustees had responsibility for the children’s funds. The guardian was responsible to provide reports to the trustee on funds spent on the child’s/children’s behalf.

When a child of the gentry’s father died guardians and trustees were normally appointed by the father’s will. This is especially true if there was extensive property or money involved. The mother was not automatically the guardian. The father could name anyone he wanted. Young children would usually be left in the care of the mother. If there were male children, normally, the guardian would not be a member of the husband’s family who could be in the line of succession. Who would be appointed a guardian? Usually a close friend or a member of the wife’s family. Because the guardian was responsible for the physical person of the child/children, it would have to be someone of the same social class. Ergo, a lawyer or institution would not be named as guardian.

Guardianship was specific to an individual and could not be inherited. Therefore, a primary guardian would be named, and if he could not serve, a second one would be listed.

Generally two trustees were appointed. Why two? To keep one from embezzling from the child’s/children’s funds. Trustees were responsible to send reports to the court regarding funds used for the child/children. They also had to approve expenditures on the child’s/children’s behalf. A trustee could be a friend or relative (on either side of the family), a lawyer, or a man of business who could be trusted not to waste the funds.

A child of twelve years old could refuse a guardian even if that person was appointed in the father’s will. The problem, of course, was that not many children knew that unless they’d been advised by a lawyer or someone else. How often that occurred is anyone’s guess.

Unless specified in the father’s will, although, the guardian could agree to the child/children’s marriage. It was the trustee who had to agree to pay the dowry. It was one way of preventing the guardian of marrying the child into his family for the purpose of enriching himself or his family.

#RegencyRomance #HistoricalRomance #ReadaRegency

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