Question about Guardianship Record from Georgia, 1857 & 1866
G. M. Lupo
First the background:
In 1848, Moreland Lupo died in Hancock County, Georgia at the age of
57. I've looked for, but have been unable to locate any estate
records on him in Hancock County. The same year he died, James M.
Lupo, presumably Moreland's son, married Elizabeth Bowden in Greene
County, GA, a neighbor of Hancock. In 1845, Phoebe Lupo, presumably
Moreland's daughter, married William W. Brooks in Hancock County.
On the 1850 census, Jas. M. Lupo, wife Elizabeth and daughter Mary
turn up on the census in Union Parish, Louisiana. I know this to be
the same James and Elizabeth who married in Greene County, Georgia,
because Elizabeth died in 1853 and Mary in 1855 and both deaths were
reported in Greene County newspapers. In Elizabeth's obituary, it's
reported that she married in Greene County in 1848. Also, James M.
Lupo appears on a list of subscribers to a Greene County paper for a
number of years after 1850. From later records, I also know James
had a son named William Henry Lupo, presumably from his marriage to
Elizabeth, born after the census of 1850.
James M. Lupo appears to have had dealings in Union Parish, LA much
earlier. I did a lookup on him at Ancestry and his name turned up
in their index for the 1840 census, but the page referenced in the
index does not appear to be from the census, so I'm assuming it was
from a tax list or slave schedule if they compiled slave schedules
separate from the census in 1840. In 1840, he'd have been around
19-20 years old. He may also have resided or had property in Union
County, Mississippi, as someone by that name turns up in census
records there around 1850, but this isn't certain as another branch
of the family had migrated to Mississippi some years earlier and
naming conventions in all branches of the family were very similar.
James does appear to be the James M. Lupo who is appointed a captain
in a Louisiana unit during the Civil War and his residence is given
as Union County, MS. There's also a William M. Lupo who enlists as
a private in Union Parish, LA, who appears to be too young to have
been James' son William Henry and about whom I haven't found other
information.
Around 1857, Robert C. Bowden, who I believe to be the brother of
Elizabeth Bowden Lupo, is appointed guardian "of the property" of
William H. Lupo, minor son of James M. Lupo. Several years later,
after Robert Bowden dies, William W. Brooks is appointed guardian
"of the property" of William H. Lupo, also identified as a minor
son of James M. Lupo. In both records, William is referred to as a
"minor child" not an "orphan" suggesting his father is still alive,
and in both guardianship records, the men in question are appointed
guardian of the property of William, not William himself. I've also
found no evidence that either looked after William directly.
William W. Brooks remained William's guardian apparently until
William came of age, as Brooks did not petition the court to be
released from his guardianship until around 1871.
I'm curious what others make of this guardianship. I haven't been
able to locate William H. Lupo in Georgia in later records and I
wonder why individuals in Georgia would be appointed guardians of a
minor who appears to reside in Louisiana or Mississippi and whose
father appears to be alive at the time of both guardianships. Also,
neither guardianship specifies whether the property is in Georgia,
Louisiana or elsewhere. I did note from James M. Lupo's military
record, it appears he was wounded or otherwise incapacitated during
the war, so maybe that has something to do with it.
I'd be interested in hearing any ideas.
Matt Lupo
matt at lupo dot com
--
G. M. Lupo a.k.a. matt at lupo dot com
Up on the hill, they think I'm okay
Or so they say...
"G. M. Lupo" <deaco...@steelyspam.org>
Richard A. Pence
Matt, read my article "The Hidden Clues In Guardianship Bonds,"
which originally appeared in "Missing Links" but is now also
available at this page on my web site:
http://www.pipeline.com/~richardpence/bonds.htm
A case similar to your is described in the article, also involving a
family that moved from Georgia.
What quite likely happened is this: James M. and family, including
son William, are living in Louisiana. Elizabeth, the wife and
mother, is deceased. Back in Georgia, her surviving parent dies,
probably intestate, and Elizabeth's heirs - apparently only the one
son - become entitled to Elizabeth's share of her father's or
mother's estate. It looks as though one of Elizabeth's brothers was
then asked to look after William's interest in the estate.
Chances are good that there will be an estate record for William's
grandparent, who apparently died shortly before a guardian was
named. If you gave which county the guardianships are recorded, I
missed it but I presume it was Greene County (as the law generally
required that marriages take place in the county where the bride
lived).
If there is no estate record, then there should at least be a deed
record - the fact that the guardianships lasted for many years
indicates there was real estate and no division of it was made until
at least after William became of age. The land may have been sold or
divided among the heirs; in either case the interest of each should
be listed in the deed.
Finally, if no estate record is found and no deed, then you will
need to look for a court record which shows the disposition of the
land (generally this will be an order either directing the sale of
the land or an order to partition it and will be a suit brought by
one of the heirs seeking a settlement.
Regards,
Richard
"Richard A. Pence" <richar...@pipeline.com>
G. M. Lupo
"Richard A. Pence" <richar...@pipeline.com> wrote...
:
: Matt, read my article "The Hidden Clues In Guardianship Bonds,"
: which originally appeared in "Missing Links" but is now also
: available at this page on my web site:
:
: http://www.pipeline.com/~richardpence/bonds.htm
<good info snipped for space>
Many thanks for the information. It is a scenario I had not thought
of, but one that's highly possible. The records I have seen are in
Greene County, GA. I meant to add that one of the guardian bonds
does identify William H. as a "non-resident minor".
Joan Best
From: "Richard A. Pence"
> ... read my article "The Hidden Clues In Guardianship Bonds," <snip>|
>
> http://www.pipeline.com/~richardpence/bonds.htm
Mr. Pence has given an excellent analysis of the meaning of
guardianship in the nineteenth century and that meaning probably
applies to your fact situation. Remember that Louisiana, unlike the
other 49 states follows French rather than English common law, which
may or may not make a difference in your case.
Joan B.
"Joan Best" <joan...@earthlink.net>
Singhals
Even though the guardianship seems to have been established in
Georgia, I'd still have a stroll through Union Parish's Succession
records for the deceased mother's name.
The Napoleonic Code had some rather useful twists for genealogists.
(g)
It's not uncommon to pick up several generations backward in one
Succession.
Cheryl