I was hoping for a more informed answer of this question but I can give it a
shot: 

Guardians were always appointed for children who had lost their fathers.
Usually, the loss of the father meant care of or distribution of the estate.
That is, the estate was not always divided up among the heirs before the
wife or surviving spouse had passed away or married.  Once one of those
things happened (the wife died or re-married), the estate could be either
divided or held in trust for the welfare of the child/children.  The
appointed relative was responsible for administering the estate/funds and
reporting to the court on what was spent.  You'll sometimes find these
records at the court.  

Possibly because of this burden/responsibility/temptation of administering
the estate/funds, there were disagreements about who would handle the estate
if someone were not appointed.  The rights of the heirs needed to be
protected.  So you will find the following in
Surry County records:

Page (6) - 6
May 7, 1672
    Wm Scarbrow posted bond for Estate of Walter Holdsworths Orphants.

Page (93) - 93
May 4th, 1675
    Wm Scarbroo granted Admin on estate of Ann Houlsworth decd.  
Surry County, VA Court Records, 1672-Pt.  Jan 1682,  Book III

"Walter Holdsworth Orpn; of Walter Holdsworth being of full age and
acknoledging a rect: to Tho: Tias for his Pt. off his sd. Fathers Estate the
same is admitted to Record.    Charles White who married Neomy Orpn. of
Walter Holdsworth acknowledging a receipt to Tho: Tias for his sd. wives
part of the sd. deceds. Estate, It is admitted to Record."
[Surry County Court Records, Pt. 1691-1700, p. 21” — Haun, Weynette Parks,
Surry County, Virginia, Court Records 1691-1700, Book V, p. 9.]

Thomas Tias/Tyus was the 3rd husband of Naomi/Amy Davis.  Her others were
first, Walter Holdsworth; second, William Scarborough.  William was in
charge of the Holdsworth estate once he married Naomi and administered the
will of another child of Walter Holdsworth, Ann, (by his first wife, Mary)
when she (Ann) passed away at an early age as prescribed by Ann's will.  

Whether these guardian appointments were made by parish wardens is something
with which I am not familiar.  All of the ones I have seen were by courts.
However, I am also aware that the churches were involved in providing
"allowances" to parish members (at least in 1778)  so it would not be
unusual for them to be involved in orphan's affairs as well.  

Cynthia McDaniel 


-----Original Message-----
From: Research and writing about Virginia genealogy and family history.
[mailto:[log in to unmask]] On Behalf Of Margie Barton
Sent: Sunday, July 14, 2013 2:29 PM
To: [log in to unmask]
Subject: [VA-ROOTS] Researching Virginia Orphan Books 1700 - 1735

I am researching microfilms of Virginia Orphan Books, can anyone tell me why
the parish church wardens would grant guardianship to a relative of a young
child.  How do the parish church wardens get permission to grant
guardianship of a child.


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